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                                              TITLE XV:  LAND USAGE

 

Chapter

 

150.     BUILDING REGULATIONS; CONSTRUCTION

 

151.     UNIFIED DEVELOPMENT

 

152.     WATERSHED PROTECTION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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2                                            Camden County - Land Usage


                   CHAPTER 150:  BUILDING REGULATIONS; CONSTRUCTION

 

 

Section

 

Housing Code

 

150.01  Findings; purpose

150.02  Definitions

150.03  Minimum standards of fitness for dwellings and dwelling units

150.04  Minimum standards for structural condition

150.05  Minimum standards for basic equipment and facilities

150.06  Minimum standards for ventilation

150.07  Minimum standards for space, use and location

150.08  Minimum standards for safe and sanitary maintenance

150.09  Minimum standards for control of insects, rodents and infestations

150.10  Minimum standards applicable to rooming houses; exceptions

150.11  Responsibilities of owners and occupants

150.12  Duties and powers of Building Inspector

150.13  Inspections; duty of owners and occupants

150.14  Procedure for violations

150.15  Methods of service complaints and orders

150.16  In rem action by inspection; placarding

150.17  Costs a lien on premises

150.18  Alternate remedies

150.19  Board of Adjustments to hear appeals

150.20  Conflict with other provisions

 

Property Numbering

 

150.30  Numbering map

150.31  Numbering system

150.32  Owners to purchase numbers

150.33  Numbers for future buildings

150.34  Defacing numbers

150.35  Size and color of numbers

 

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4                                            Camden County - Land Usage

 

 

                                          Flammable and Combustible Storage

 

150.45  Title

150.46  Purpose

150.47  Inspection prior to installation or removal

150.48  Piping; testing required

150.49  Notice to inspect

150.50  Inspectors; proof of qualification

150.51  Compliance with standards

150.52  Fee

150.53  Exemption

 

150.99  Penalty

 

 

 

HOUSING CODE

 

 

§ 150.01  FINDINGS; PURPOSE.

 

Pursuant to G.S. § 160A‑441, it is hereby found and declared that there exist in the county dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents and other calamities, lack of ventilation, light and sanitary facilities and due to other conditions rendering the dwellings unsafe or unsanitary and dangerous and detrimental to the health, safety and morals and otherwise inimical to the welfare of the residents of the county.  It is further found by the County Board of Commissioners that there exist in the county abandoned structures which constitute a health and safety hazard as a result of the attraction of insects and rodents or which results in a condition creating a fire hazard or which bring about dangerous conditions constituting a threat to children or which bring about frequent use by vagrants as living quarters in the absence of sanitary facilities.  In order to protect the health, safety and welfare of the residents of the county, as authorized by G.S. §§ 160A‑360 et seq., is the purpose of this subchapter to establish minimum standards of fitness for the initial and continued occupancy of all dwellings used for habitation and for the continued existence of abandoned structures as expressly authorized by G.S. § 160A‑444.

(Ord. passed 5-15-89)

 

 

§ 150.02  DEFINITIONS.

 

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


                                          Building Regulations; Construction                                         5

 

 

BASEMENT.  A portion of a building which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.

 

CELLAR.  A portion of a building located partly or wholly underground, having an adequate access to light and air from windows located partly or wholly below the level of the adjoining ground.

 

DETERIORATED.  A dwelling is unfit for human habitation and can be repaired, altered or improved to comply with all of the minimum standards established by this subchapter, at a cost not in excess of 50% of its value, as determined by finding of the Inspector.

 

DWELLING.  Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling. The word DWELLING, wherever used herein, shall also be construed to mean any structure which has not been occupied by the owner or the owner's tenant for a period of 90 consecutive days.

 

DWELLING UNIT.  Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

 

EXTERMINATION.  The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the Inspector.

 

GARBAGE.  The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

 

HABITABLE ROOM.  A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers or communicating corridors, closets and storage spaces.

 

INFESTATION.  The presence, within or around a dwelling, or any insects, rodents or other pests in a number as to constitute a menace to the health, safety or welfare of the occupant or to the public.

 

INSPECTOR.  The Building Inspector of the county or any agent of the Inspector who is authorized by the Inspector.

 

MULTIPLE DWELLING.  Any dwelling containing more than two dwelling units.

 

OCCUPANT.  Any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.


6                                            Camden County - Land Usage

 

 

OPERATOR.  Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

 

OWNER.

 

(1)  Any person who, alone, jointly or severally with others:

 

(a)  Shall have title to any dwelling unit, with or without accompanying actual possession thereof; or

 

(b)  Shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.

 

(2)  Any person thus representing the actual owner shall be bound to comply with the provisions of this subchapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner.

 

PLUMBING.  All of the following supplied facilities and equipment:

 

(1)  Gas pipes;

 

(2)  Gas burning equipment;

 

(3)  Water pipes;

 

(4)  Mechanical garbage disposal units (mechanical sink grinder);

 

(5)  Waste pipes;

 

(6)  Water closets;

 

(7)  Sinks;

 

(8)  Installed dishwashers;

 

(9)  Lavatories;

 

    (10)  Bathtubs;


                                          Building Regulations; Construction                                         7

 

 

    (11)  Shower baths; and

 

    (12)  Installed clothes washing machines, catch basins, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

 

PUBLIC AUTHORITY.  The County Department of Social Services, the County Building Inspector or any officer who is in charge of any department or branch of the government of the county or the state relating to health, fire, building regulations or other activities concerning dwellings in the county.

 

ROOMING HOUSE.  Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband and wife, son or daughter, mother or father or sister or brother of the owner or operator.

 

ROOMING UNIT.  Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

 

RUBBISH.  Combustible and noncombustible waste materials, except garbage and ashes, and the term shall include paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.

 

SUPPLIED.  Paid for, furnished or provided by, or under the control of, the owner or operator.

 

TEMPORARY HOUSING.  Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.

 

UNFIT FOR HUMAN HABITATION.  Conditions exist in a dwelling which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this subchapter.

(Ord. passed 5-15-89)

 

 

§ 150.03  MINIMUM STANDARDS OF FITNESS FOR DWELLINGS AND DWELLING UNITS.

 

Every dwelling and dwelling unit used as human habitation or held out for use as a human habitation shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of this subchapter.  No person shall occupy, as owner‑occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of this subchapter.

(Ord. passed 5-15-89)

 


8                                            Camden County - Land Usage

 

 

§ 150.04  MINIMUM STANDARDS FOR STRUCTURAL CONDITION.

 

(A) Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated or damaged, and shall not have holes or cracks which might admit rodents.

 

(B)  Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.

 

(C)  Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged.

 

(D) Steps, stairs, landings, porches or other parts or appurtenances shall be maintained in a condition that they will not fall or collapse.

 

(E)  Adequate facilities for egress in case of fire or panic shall be provided.

 

(F)  Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will, by use of reasonable household methods promote sanitation and cleanliness, and shall be maintained in a manner so as to enable the occupants to maintain reasonable privacy between various spaces.

 

(G) The roof, flashings, exterior walls, basement walls, floor and all doors and windows exposed to the weather shall be constructed and maintained so as to be weather and watertight.

 

(H) There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling or in a condition or location as to constitute a fire hazard.

 

(I)   There shall be no use of the ground for floors or wood floors on the ground.

(Ord. passed 5-15-89)

 

 

§ 150.05  MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES.

 

(A) Plumbing system.

 

(1)  Each dwelling unit shall be connected to a possible water supply and to the public sewer or other approved sewage disposal system.

 

(2)  Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet and adequate supply of both cold and hot water.  All water shall be supplied through an approved pipe distribution system connected to a potable water supply.


                                          Building Regulations; Construction                                         9

 

 

(3)  All plumbing fixtures shall meet the standards of the County Plumbing Code and shall be maintained in a state of good repair and in good working order.

 

(4)  All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same.  The water closet and tub or shower shall be located in a room or rooms affording privacy to the user.

 

(B)  Heating system.  Every dwelling and dwelling unit shall have facilities providing heat in accordance with either division (B)(1) or (2) below.

 

(1)  Central and electric heating systems.  Every central or electric heating system shall be of sufficient capacity so as to heat all habitable rooms, bathrooms and water closet compartments in every dwelling unit to which it is connected with a minimum temperature of 70°F measured at a point three feet above the floor during ordinary winter conditions.

 

(2)  Other heating facilities.  Where a central electric heating system is not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues or gas vents whereby heating appliances may be connected so as to heat all habitable rooms with a minimum temperature of 70°F measured three feet above the floor during ordinary winter conditions.

 

(C)  Electrical system.

 

(1)  Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles.  Every habitable room shall contain at least two floor or wall‑type electric convenience receptacles, connected in a manner as determined by the County Electric Code.  There shall be installed in every bathroom, water closet room, laundry room and furnace room at least one supplied ceiling, or wall‑type electric light fixture.  In the event wall or ceiling light fixtures are not provided in any habitable room, then each habitable room shall contain at least three floor or wall‑type electric convenience receptacles.

 

(2)  Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times when natural daylight is not sufficient.

 

(3)  All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the County Electrical Code.

(Ord. passed 5-15-89)

 


10                                          Camden County - Land Usage

 

 

§ 150.06  MINIMUM STANDARDS FOR VENTILATION.

 

(A) Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of the room.  Whenever walls or other portions of structures face a window of any room and the light obstructing structures are located less than five feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area.  Whenever the only window in a room is a skylighted‑type window in the top of the room, the total window area of the skylight shall equal at least 15% of the total floor area of the room.

 

(B)  Every habitable room shall have at least one window or skylight which can easily be opened or another device as will adequately ventilate the room.  The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight‑type window size as required or shall have other approved, equivalent ventilation.

 

(C)  Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an approved ventilation system.

(Ord. passed 5-15-89)

 

 

§ 150.07  MINIMUM STANDARDS FOR SPACE, USE AND LOCATION.

 

(A) Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the County Residential Building Code.  Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant, at least 100 square feet of additional habitable area for each of the next three occupants, and at least 75 square feet of additional habitable floor area for each additional occupant.  In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for  each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age.

 

(B)  At least one‑half of the floor area of every habitable room shall have a ceiling height of not less than seven feet.

 

(C)  Floor area shall be calculated on the basis of habitable room area.  However, closet area and wall area within the dwelling unit may count for not more than 10% of the required habitable floor area. The floor area of any part of any room where the ceiling height is less than 4½ feet shall not be considered as part of the floor area computing the total area of the room to determine maximum permissible occupancy.


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(D) No cellar shall be used for living purposes.

 

(E)  No basement shall be used for living purposes unless:

 

(1)  The floor and walls are substantially watertight;

 

(2)  The total window area, total openable window area and ceiling height are equal to those required for habitable rooms; or

 

(3)  The required minimum window area of every habitable room is entirely above the grade adjoining the window area, except where the window or windows face a stairwell, window well or accessway.

(Ord. passed 5-15-89)

 

 

§ 150.08  MINIMUM STANDARDS FOR SAFE AND SANITARY MAINTENANCE.

 

(A) (1)  Every foundation wall, exterior wall and exterior roof shall be substantially weather-tight and rodent proof shall be kept in sound condition and good repair; shall be capable of affording privacy and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

 

(2)  Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.

 

(B)  Every floor, interior wall and ceiling shall be substantially rodent proof shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be place thereon.

 

(C)  Every window, exterior door, basement or cellar door and hatchway shall be substantially weather-tight, watertight and rodent proof and shall be kept in sound working condition and good repair.

 

(D) Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.

 

(E)  Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit the floor to be easily kept in a clean and sanitary condition.

 

(F)  Every supplied facility, piece of equipment or utility which is required under this subchapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.


12                                          Camden County - Land Usage

 

 

(G) Every yard shall be properly graded so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water.

 

(H) Every yard and all exterior property areas shall be kept free of species of weeds or plant growth which are noxious or detrimental to health.

 

(I)   Every dwelling unit shall be provided with adequate means of egress as required by the County Building Code.

(Ord. passed 5-15-89)

 

 

§ 150.09  MINIMUM STANDARDS FOR CONTROL OF INSECTS, RODENTS AND

INFESTATIONS.

 

(A) In every dwelling unit, for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self‑closing device and every window or other device with openings to outdoor space, used or intended to be used for ventilation shall likewise be supplied with screens installed.

 

(B)  Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement which might provide an entry for rodents shall be supplied with screens installed or other approved device as will effectively prevent their entrance.

 

(C)  Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for the extermination whenever his or her dwelling unit is the only one infested.  Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonable insect proof conditions, extermination shall be the responsibility of the owner.  Whenever infestation exists in two or more dwelling units in a dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.

(Ord. passed 5-15-89)

 

 

§ 150.10  MINIMUM STANDARDS APPLICABLE TO ROOMING HOUSES; EXCEPTIONS.

 

All of the provisions of this subchapter and all of the minimum standards and requirements of this subchapter shall be applicable to rooming houses, and to every person who operates a rooming house or who occupies or lets to another for occupancy any rooming unit in any rooming house, except as provided in the following provisions.


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(A) (1)  At least one water closet, lavatory basin and bathtub or shower, properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house whenever the facilities are shared.

 

(2)  All facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway and shall be not more than one story removed from any of the persons sharing the facilities.  Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times.

 

(3)  The required facilities shall not be located in a cellar.

 

(B)  Every room occupied for sleeping purposed by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age.

 

(C)  The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, ceilings and for the sanitary maintenance of every other part of the rooming house and he  or she shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained is leased or occupied by the operator.

 

(D) Every water closet, flush urinal, lavatory basin and bathtub and shower required by division (A) above shall be located within the rooming house and within a room or rooms which afford privacy and are separate from habitable rooms, and which are accessible from a common hall and without going outside the rooming house or through any other room therein.

(Ord. passed 5-15-89)

 

 

§ 150.11  RESPONSIBILITIES OF OWNERS AND OCCUPANTS.

 

(A) Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

 

(B)  Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he or she occupies and controls.

 

(C)  Every occupant of a dwelling or dwelling unit shall dispose of all rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities.  In all cases, the owner shall be  responsible for the availability of rubbish and garbage storage facilities.


14                                          Camden County - Land Usage

 

 

(D) Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and

operation of same.

 

(E)  No occupant shall willfully destroy, deface or impair any of the facilities or equipment or any of the structure of a dwelling or dwelling unit.

(Ord. passed 5-15-89)  Penalty, see § 150.99

 

 

§ 150.12  DUTIES AND POWERS OF BUILDING INSPECTOR.

 

(A) The Building Inspector is hereby designated as the officer to enforce the provisions of this subchapter and to exercise the duties and powers herein prescribed.  It shall be the duty of the Building Inspector:

 

(1)  To investigate the dwelling conditions, and to inspect dwellings and dwelling units, located in the county, in order to determine which dwellings and dwelling units are unfit for human habitation and for the purpose of carrying out the objectives of this subchapter with respect to the dwellings and  dwelling units;

 

(2)  To take the action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;

 

(3)  To keep a record of the results of inspections made under this subchapter and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed; and

 

(4)  To perform the other duties as may be herein prescribed.

 

(B)  The Building Inspector is authorized to exercise the powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this subchapter, including the following powers in addition to others herein granted:

 

(1)  To investigate the dwelling conditions in the county;

 

(2)  To administer oaths and affirmations, examine witnesses and receive evidence;

 

(3)  To enter upon premises for the purpose of making examinations and inspections; provided, the entries shall be made in a manner as to cause the least possible inconvenience to the persons in possession; and

 

(4)  To appoint and fix the duties of the officers, agents and employees as he or she deems necessary to carry out the purposes of this subchapter.

(Ord. passed 5-15-89)

 


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§ 150.13  INSPECTIONS; DUTY OF OWNERS AND OCCUPANTS.

 

For the purpose of making inspection, the Inspector is hereby authorized to enter, examine and survey, at all reasonable times, all dwelling units, rooming units and premises.  The owner or occupant of every dwelling, dwelling unit or morning unit, or the person in charge thereof, shall give the Inspector free access to the dwelling, dwelling unit or rooming unit, and its premises at all reasonable times for the purpose of the inspection, examination and survey.  Every occupant of a dwelling unit shall give the owner thereof or his or her agent or employee access to any part of the dwelling or dwelling unit and its premises, at all reasonable times for the purpose of making the repairs or alterations as necessary to effect compliance with the provisions of this subchapter or with any lawful order issued pursuant to the provisions of this subchapter.

(Ord. passed 5-15-89)

 

 

§ 150.14  PROCEDURE FOR VIOLATIONS.

 

(A) Whenever a petition is filed with the Inspector by a public authority or by at least five residents of the city charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the Inspector, upon inspection, that any dwelling or dwelling units is unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to served upon the owner of and parties in interest in a dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein, not less than ten nor more than 30 days after the serving of the complaint.  The owner or any party in interest shall have the right to file an answer to the complaint and appear in person, or otherwise, and give testimony at the place and time fixed in the complaint.  Notice of the hearing shall also be given to at least one of the persons signing a petition relating to the dwelling.  Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard.  The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Inspector.

 

(B)  (1)  After the notice and hearing, the Inspector shall state, in writing, his or her determination whether the dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated of dilapidated.

 

(2)  If the Inspector determines that the dwelling or dwelling unit is deteriorated, he or she shall state in writing his or her findings of fact in support of the determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter and improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this subchapter within a specified period of time, not to exceed 90 days.

 

(a)  The order may also direct and require the owner to vacate and close the dwellings or to comply with the minimum standards of fitness established by this subchapter within a specified period of time, not to exceed 90 days.


16                                          Camden County - Land Usage

 

 

(b)  The order may also direct and require the owner to vacate and close the dwellings or dwelling units until the repairs, alterations and improvements have been made.

 

(3)  If the Inspector determines that the dwelling is dilapidated, he or she shall state, in writing, his or her findings of fact to support the determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to either repair alter and improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this subchapter or else vacate and remove or demolish the same within a specified period of time not to exceed 90 days.

 

(C)  (1)  If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Inspector to repair, alter or improve the same within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the Inspector to vacate and close, and remove or demolish the same within the time specified therein, the Inspector shall submit to the County Board of Commissioners at its regular meeting a resolution directing the County Attorney to petition the superior court for an order directing the owner to comply with the order of the Inspector, as authorized by G.S. § 160A‑446(g).

 

(2)  After failure of an owner of a deteriorated dwelling or dwelling unit, or of a dilapidated dwelling, to comply with an order of the Inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (C)(1) above, the Inspector shall submit to the County Board of Commissioners an ordinance ordering the Inspector to cause the dwelling or dwelling unit to be repaired, altered, improved or vacated and closed and removed or demolished, as provided by the original order of the Inspector, and pending the removal or demolition, to placard the dwelling, as provided by G.S. § 160A‑443 and § 150.16.

 

(D) (1)  An appeal from any decision or order of the Inspector may be taken by the person aggrieved thereby.  Any appeal from the Inspector shall be taken with ten days from the rendering of the decision or service of the order, and shall be taken by filing with the Inspector and with the Board of Adjustment a notice of appeal which shall specify the grounds upon which the appeal is based.  Upon filing of any notice appeal, the Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made.

 

(2)  When an appeal is from a decision of the Inspector refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed.  When an appeal is from a decision of the Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Inspector certifies to the Board, after the notice of appeal is filed with him or her, that by reason of the facts stated in the certificate, a copy of which shall be furnished the appellant, a suspension of his or her requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended, except by a restraining order, which may be granted for due cause shown upon not less than one day's written notice to the Inspector, by the Board or by a court of record upon petition made pursuant to G.S. § 160A‑446(f) and division (E) below.


                                          Building Regulations; Construction                                       18

 

 

(3)  The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties and shall render its decision within a reasonable time.  Any party may appear in person or by agent or attorney.

 

(4)  The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make a decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Inspector, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Inspector.

 

(5)  The Board shall have the power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

 

(6)  Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.

 

(E)  Any person aggrieved by an order issued by the Inspector or a decision rendered by the Board shall have the right, within 30 days after issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the Inspector pending a final disposition of the cause, as provided by G.S. § 160A‑446(f).

(Ord. passed 5-15-89)

 

 

§ 150.15  METHODS OF SERVICE COMPLAINTS AND ORDERS.

 

(A) Complaints or orders issued by the Inspector shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of the persons are unknown and the same cannot be ascertained by the Inspector in the exercise of reasonable diligence, the Inspector shall make an affidavit to that effect, and the serving of the complaint or order upon the person may be made by publishing the  same once each week for two successive weeks in a newspaper, printed and published in the county.

 

(B)  Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order.

(Ord. passed 5-15-89)

 

 

§ 150.16  IN REM ACTION BY INSPECTION; PLACARDING.

 

(A) After failure of an owner of a dwelling or dwelling unit to comply with an order of the Inspector issued pursuant to the provisions of this ordinance, and upon adoption by the County Board of Commissioners of an ordinance authorizing and directing him or her to do so, as provided by


18                                          Camden County - Land Usage

 

 

G.S. § 160A‑443(5) and § 150.14(C), the Inspector shall proceed to cause the dwelling or dwelling unit to be repaired, altered or improved to comply with the minimum standards of fitness established by this subchapter, or to be vacated and closed and removed or demolished, as directed by the County Board of Commissioners and shall cause to be posted on the main entrance of the dwelling or dwelling unit a placard with the following words:

 

“This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.  Occupation of a building so posted shall constitute a misdemeanor.”

 

(B)  Each ordinance shall be recorded in the office of the Register of Deeds in the county wherein the property is located and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. § 160A‑443(5).

(Ord. passed 5-15-89)

 

 

§ 150.17  COSTS A LIEN ON PREMISES.

 

As provided by G.S. § 160A‑443(6), the amount of the cost of any repairs, alterations or improvements, or vacating and closing, or removal or demolition, caused to be made or done by the Inspector pursuant to § 150.16 shall be a lien against the real property upon which the cost was incurred. The lien shall be filed, have the same priority, and be enforced and the costs collected as provided by  G.S. § 160A‑432.

(Ord. passed 5-15-89)

 

 

§ 150.18  ALTERNATE REMEDIES.

 

Neither this subchapter or any of its provisions shall be construed to impair or limit, in any way, the power of the county to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this subchapter by criminal process as authorized by G.S. § 14‑4 and § 150.20, and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.

(Ord. passed 5-15-89)

Statutory reference:

For provisions concerning enforcement of criminal process, see G.S. § 14‑4

 

 

§ 150.19  BOARD OF ADJUSTMENTS TO HEAR APPEALS.

 

(A) All appeals which may be taken from decisions or orders of the Inspector pursuant to § 150.14(D) shall be heard and determined by the Board of Adjustment.


                                          Building Regulations; Construction                                       19

 

 

(B)  As the appeals body, the Board shall have power to fix the times and places of its meetings, to adopt necessary rules of procedure and any other  rules and regulations which may be necessary for the proper discharge of its duties.  The Board shall perform the duties prescribed by § 150.14(D) and shall keep an accurate journal of all its proceedings.

(Ord. passed 5-15-89)

 

 

§ 150.20  CONFLICT WITH OTHER PROVISIONS.

 

In the event any provision, standard or requirement of this subchapter is found to be in conflict with any provisions of any other ordinance or code of the county, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the county shall prevail.

(Ord. passed 5-15-89)

 

 

 

PROPERTY NUMBERING

 

 

§ 150.30  NUMBERING MAP.

 

The property numbering map entitled “Property Numbering Map, dated September 1, 1990, Camden County, North Carolina,” is hereby adopted as the official property numbering map of the county and all property numbers assigned shall be assigned in accordance with this numbering map, and no other property numbers shall be used or displayed in the county, except numbers assigned in accordance with the official numbering map.  The property numbering map shall be kept on file in the office of the Building Inspector/Code Enforcement Officer.

(Ord. passed 9-1-90)

 

 

§ 150.31  NUMBERING SYSTEM.

 

On the property numbering map, NC 343 is hereby designated as the north‑south axis and US 158 is hereby designated as the east‑west axis, and all avenues, streets and alleys running generally north and south shall be numbered from the east‑west axis consecutively to the corporate limits of the extremity of the avenue, alley or street.  Avenues, streets or alleys running generally east and west shall be numbered from the north‑south axis in the same manner.  Wherever possible, 100 numbers shall be allowed to each block so that the number of each consecutive block shall commence with consecutive hundreds and one.  One whole number shall be assigned for every 100 feet of ground whether improved property or vacant lot on every street within the county limits.  Odd numbers shall be assigned to the west side of the street on all north‑south streets, and even numbers to the east side.  On east‑west streets, odd numbers shall be assigned to the south side of the street and even numbers to the north side.

(Ord. passed 9-1-90)


20                                          Camden County - Land Usage

 

 

§ 150.32  OWNERS TO PURCHASE NUMBERS.

 

Every property owner of improved property shall purchase and display, in a conspicuous place on the property, the number assigned.

(Ord. passed 9-1-90)

 

 

§ 150.33  NUMBERS FOR FUTURE BUILDINGS.

 

All residence and business buildings erected after the adoption of this subchapter shall be assigned a number in accordance with the property numbering map and shall purchase and display the number, as provided in § 150.32.

(Ord. passed 9-1-90)  Penalty, see § 150.99

 

 

§ 150.34  DEFACING NUMBERS.

 

It shall be unlawful for any person to alter, deface or take down any number placed on any property in accordance with this subchapter, except for repair or replacement of the number.

(Ord. passed 9-1-90)  Penalty, see § 150.99

 

 

§ 150.35  SIZE AND COLOR OF NUMBERS.

 

It shall be unlawful to display numbers less than three inches in height and to use numbers that do not contrast with background they are placed on.

(Ord. passed 9-1-90)  Penalty, see § 150.99

 

 

 

FLAMMABLE AND COMBUSTIBLE STORAGE

 

 

§ 150.45  TITLE.

 

This subchapter shall be known and may be cited as the “Fuel Inspection Tank Subchapter of Camden County, North Carolina.”

(Ord. passed 12-2-91)

 


                                          Building Regulations; Construction                                       21

 

 

§ 150.46  PURPOSE.

 

The purpose of this subchapter is to insure the public health, safety and general welfare of the citizens of the county.

(Ord. passed 12-2-91)

 

 

§ 150.47  INSPECTION PRIOR TO INSTALLATION OR REMOVAL.

 

All tanks containing fuel, be it above or underground, must be inspected, prior to installation or removal by a certified fire official from which a permit must be obtained.

(Ord. passed 12-2-91)

 

 

§ 150.48  PIPING; TESTING REQUIRED.

 

All piping for installation of fuel storage tanks must also be tested and approved by a certified fire official.

(Ord. passed 12-2-91)

 

 

§ 150.49  NOTICE TO INSPECT.

 

All work which is required to be inspected requires at least a 24-hour prior notice to the certified fire official.

(Ord. passed 12-2-91)

 

 

§ 150.50  INSPECTORS; PROOF OF QUALIFICATION.

 

All installation, removal and/or left in place of any fuel storage tank work must be performed by a qualified professional person trained and knowledgeable of all aspects of fuel tank storage properties. The person must also provide proof of qualification of his or her knowledge to a certified fire official prior to obtaining a permit.

(Ord. passed 12-2-91)

 

 

§ 150.51  COMPLIANCE WITH STANDARDS.

 

All work performed must meet all standards as set out in the State Building Code, Volume 5, of the Fire Prevention Code.

(Ord. passed 12-2-91)


22                                          Camden County - Land Usage

 

 

§ 150.52  FEE.

 

A fee as established by the County Commissioners shall be required for each inspection conducted by the certified fire official.  All fees shall be paid to the Finance Officer within ten days of the last inspection by the certified fire official.

(Ord. passed 12-2-91)

 

 

§ 150.53  EXEMPTION.

 

Fuel storage tanks containing 550 gallons or less used solely for heating a private dwelling shall be exempt from this subchapter.

(Ord. passed 12-2-91)

 

 

 

§ 150.99  PENALTY.

 

(A) Any person violating any provisions of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

 

(B)  It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve the same, or to vacate and cease and remove or demolish the same, upon order of the Inspector duly made and served as herein provided, within the time specified in the order, and each day that any failure, neglect or refusal to comply with the order continues shall constitute a separate and distinct offense.  It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to § 150.14, to occupy or permit the occupancy of the same after the time prescribed in the order for its repair, alteration or improvement of its vacation and closing, and each day that the occupancy continues after the prescribed time shall constitute a separate and distinct offense.  The violation of any provision of §§ 150.01 through 150.20 shall constitute a penalty as provided by G.S. § 14‑4.

(Ord. passed 5-15-89)

 

(C)  A violation of §§ 150.45 through 150.53 is punishable as a misdemeanor, as provided by G.S. § 14‑4(a).

(Ord. passed 12-2-91)


                                  CHAPTER 151:  UNIFIED DEVELOPMENT

 

 

Section

 

General Provisions

 

151.001 Purpose

151.002 Title

151.003 Affected territory

151.004 Conflict with other laws

151.005 Bona fide farms exempt

151.006 Effective date

151.007 Relationship to existing zoning, subdivision and flood control ordinances

151.008 Relationship to land use plan

151.009 No use or sale of land or buildings; conformance

151.010 Fees

151.011 Severability

151.012 Computation of time

151.013 Encroachment of open space

151.014 Every lot must abut a street or road

151.015 Mixed uses

151.016 Fractional requirements

151.017 Improvement permit required

151.018 Miscellaneous

 

Zoning Districts

 

151.030 Residential districts established

151.031 Commercial districts established

151.032 Manufacturing districts established

151.033 Floodplain and floodway overlay district

151.034 Mining overlay district

151.035 Commercial fishing overlay district

 

 

 

 

 

 

 

 

 

                                                                 23

 


24                                          Camden County - Land Usage

 

 

                                                          Zoning Map

 

151.045 Official zoning map

151.046 Amendments to official zoning map

151.047 Lots divided by district lines

 

Density and Dimensional Regulations

 

151.060 Minimum lot size

151.061 Maximum residential density

151.062 Minimum lot widths

151.063 Setback requirements

151.064 Accessory building setback requirements

151.065 Height limitations

151.066 Multi-family and two-family residences

151.067 Floor area ratios and lodging units

151.068 Maximum lot coverage by buildings

151.069 Appearance standards

 

Streets and Sidewalks

 

151.080 Public streets to meet DOT standards

151.081 Street classification

151.082 Access to lots

151.083 Access to streets

151.084 Deceleration lanes on major arterial streets

151.085 Turn lanes required

151.086 Coordination with surrounding streets

151.087 Relationship of streets to topography

151.088 General layout of streets

151.089 Street intersections

151.090 Construction standards and specifications

151.091 Private streets and private roads in subdivisions

151.092 Road and sidewalk requirements in unsubdivided developments

151.093 Attention to handicapped in street and sidewalk construction

151.094 Street names and house numbers

151.095 Bridges

151.096 Utilities

 

Parking Regulations

 

151.110 Definitions

151.111 Number of parking spaces required

151.112 Flexibility in administration required

 

 

2003 S-2


                                                    Unified Development                                                 25

 

 

151.113 Parking space dimensions

151.114 Required widths of parking area aisles and driveways

151.115 General design requirements

151.116 Vehicle accommodation area surfaces

151.117 Joint use of required parking spaces

151.118 Satellite parking

151.119 Special provisions for lots with existing buildings

151.120 Loading and unloading areas

151.121 No parking indicated near fire hydrants

151.122 Handicapped parking

151.123 Driveways

 

Landscaping Requirements

 

151.135 Board findings concerning the need for landscaping requirements

151.136 General landscaping standard

151.137 Compliance with landscaping standard

151.138 Landscaping land use classification

151.139 Table of landscaping requirements

151.140 Descriptions of landscaping

151.141 Flexibility in administration required

151.142 Combination uses

151.143 Subdivisions

151.144 Nonconforming landscaping

151.145 Minimum planting heights

 

Shading Requirements

 

151.155 Board findings and declarations of policy on shade trees

151.156 Required trees along dedicated streets

151.157 Retention and protection of large trees

151.158 Shade trees in parking areas

151.159 Protection of trees during construction

 

Utilities

 

151.170 Utility ownership and easement rights

151.171 Major subdivisions to install water lines

151.172 Sewage disposal facilities required

151.173 Determining compliance with § 151.172

151.174 Water supply system required

151.175 Determining compliance with § 151.174


26                                          Camden County - Land Usage

 

 

151.176 Water/sewer districts required

151.177 Lighting requirements

151.178 Excessive illumination

151.179 Underground utilities

151.180 Utilities to be consistent with internal and external development

151.181 As-built drawings required

151.182 Fire hydrants

151.183 Water supply for fire protection in developments not served by the public water supply system

151.184 Sites for and screening of dumpsters

 

Open Space and School Sites

 

151.195 Open space

151.196 Recreational improvements to open space

151.197 Ownership and maintenance of required open space

151.198 Homeowners associations

151.199 Flexibility in administration authorized

151.200 Reservation of school sites

 

Supplementary Use Regulations

 

151.210 Temporary emergency, construction or repair residences

151.211 Temporary construction and sales offices

151.212 Mining

151.213 Camping and campers

151.214 Marinas

151.215 Mobile homes

151.216 Adult and sexually-oriented businesses

151.217 Privately owned landfills, convenience sites and related facilities

 

Major Subdivision Design Requirements; Review Procedures and Approval Process

 

151.230 Lands subject to subdivision regulations within this chapter

151.231 General

151.232 Design standards and criteria

151.233 Required major subdivision submission documents and information

151.234 Certification blocks required for major subdivisions

151.235 Sketch design plan procedures

151.236 Sketch design plan review process

151.237 Preliminary plat procedures

151.238 Preliminary plat review process

151.239 Final plat procedures

 

 

 

2003 S-1    


                                                    Unified Development                                                 27

 

 

151.240 Final plat review process

151.241 Plat approval not acceptance of dedication offers

151.242 Protection against defects

151.243 Maintenance of dedicated areas until acceptance

151.244 Acceptable bond terms and methods

151.245 Authorization to file

151.246 Replatting or resubdivision of land

 

Minor Subdivision Requirements; Review and Approval Process

 

151.260 Abbreviated procedure for minor subdivisions

151.261 Design standards

151.262 Contents

151.263 Minor subdivision approval

 

Private Access Subdivision Regulations; Review and Approval Process

 

151.275 Abbreviated procedure for private access subdivisions

151.276 Design standards

151.277 Contents

151.278 Private access subdivision plat approval

 

Common Open Space Subdivisions

 

151.290 Purpose

151.291 Applicability and lot sizes

151.292 Determining density or yield

151.293 Density bonus and incentives for developing a common open space subdivision

151.294 Ownership and minimum percentage of open space

151.295 Location of open space

151.296 Evaluation criteria

151.297 Site planning procedures for open space subdivisions

151.298 Planned unit development

 

Site Plans Required

 

151.310 General

151.311 Residential site plan requirements

151.312 Commercial site plan requirements


28                                          Camden County - Land Usage

 

 

                                                Permissible Uses and Table

 

151.325 General

151.326 Use of designations “Z,” “S” and “C” in table

151.327 Board of Adjustments' jurisdiction over uses otherwise permissible with a zoning permit

151.328 Permissible uses and specific exclusions

151.329 Accessory uses

151.330 Permissible uses not requiring permits

151.331 Change in use

151.332 Combination uses

151.333 More specific use controls

151.334 Table of permissible uses

 

Conditional and Special Uses

 

151.345 Purpose of conditional and special use permits

151.346 General standards

151.347 Specific standards

 

Nonconforming Situations

 

151.360 Definitions

151.361 Continuation of nonconforming situations and completion of nonconforming projects

151.362 Nonconforming lots

151.363 Extension or enlargement of nonconforming situations

151.364 Repair, maintenance and reconstruction

151.365 Change in use of property where a nonconforming situation exists

151.366 Abandonment and discontinuance of nonconforming situations

151.367 Completion of nonconforming projects

151.368 Amortization of nonconforming situations

 

Floodways and Floodplains

 

151.380 Definitions

151.381 Artificial obstructions within floodways prohibited

151.382 Permissible uses within floodways

151.383 Construction within floodways and floodplains restricted

151.384 Special provisions for subdivisions

151.385 Water supply and sanitary sewer systems in floodways and floodplains

151.386 Additional duties of Administrator related to flood insurance and flood control


                                                    Unified Development                                                 29

 

 

151.387 Floor elevation or flood-proofing certification required

151.388 Location of boundaries of floodplain and floodway districts

151.389 Regulations do not guarantee flood protection

151.390 Standards for streams without established base flood elevations and/or floodways

 

Drainage, Erosion Control and Stormwater Management

 

151.400 Natural drainage system utilized to extent feasible

151.401 Developments must drain properly

151.402 Stormwater management

151.403 Sedimentation and erosion control

 

Sign Regulations

 

151.415 Definitions

151.416 General provisions

151.417 Signs permitted in the R-1, R-2 and R-3 residential districts

151.418 Off-premise signs

 

Building Inspections and Permits

 

151.430 Regulatory codes adopted by reference

151.431 Inspection procedure

151.432 Administrative

 

Planning Board

 

151.445 Appointment and terms of Planning Board members

151.446 Meetings of the Planning Board

151.447 Quorum and voting

151.448 Planning Board officers

151.449 Powers and duties of the Planning Board

151.450 Planning Issue Advisory Committees

 

Board of Adjustment

 

151.460 Appointment and terms of Board of Adjustment

151.461 Meetings of the Board of Adjustment

151.462 Quorum

151.463 Voting

151.464 Board of Adjustment officers

151.465 Powers and duties of Board of Adjustment


30                                          Camden County - Land Usage

 

 

                                                         Administrator

 

151.475 Administrator

 

Board of Commissioners

 

151.485 Board of Commissioners

 

Zoning, Special Use and Conditional Use Permits

 

151.495 Permits required

151.496 No occupancy, use or sale of lots until requirements fulfilled

151.497 Who may submit permit applications

151.498 Applications to be complete

151.499 Staff consultation before formal application

151.500 Staff consultation after application submitted

151.501 Zoning permits

151.502 Authorizing use or occupancy before completion of development under zoning permit

151.503 Special use permits and conditional use permits

151.504 Burden of presenting evidence; burden of persuasion

151.505 Recommendations on conditional use permit applications

151.506 Recommendations on special use permits

151.507 Board of Commissioners action on special use permits

151.508 Board of Adjustment action on conditional use permits

151.509 Additional requirements on special use and conditional use permits

151.510 Authorizing use, occupancy or sale before completion of development under special use or conditional use permits

151.511 Completing developments in phases

151.512 Expiration of permits

151.513 Zoning vested right

151.514 Effect of permit on successors and assigns

151.515 Amendments to and modifications of permits

151.516 Reconsideration of Board action

151.517 Applications to be processed expeditiously

151.518 Maintenance of common areas, improvements and facilities

 

Appeals, Variances and Interpretations

 

151.530 Appeals

151.531 Variances

151.532 Variances from floodplain or floodway requirements


                                                    Unified Development                                                 31

 

 

151.533 Interpretations

151.534 Requests to be heard expeditiously

151.535 Burden of proof in appeals and variances

151.536 Board action on appeals and variances

 

Hearing Procedures for Appeals and Applications

 

151.550 Hearing required on appeals and applications

151.551 Notice of hearing

151.552 Evidence

151.553 Modification of application at hearing

151.554 Record

151.555 Written decision

 

Enforcement and Review

 

151.565 Complaints regarding violations

151.566 Persons liable

151.567 Procedures upon discovery of violations

151.568 Penalties and remedies for violations

151.569 Permit revocation

151.570 Judicial review

 

Amendments

 

151.580 Amendments in general

151.581 Initiation of amendments

151.582 Planning Board consideration of proposed amendments

151.583 Hearing required; notice

151.584 Board action on amendments

151.585 Ultimate issue before Board on amendments

151.586 Map amendments along major arterials

 

Definitions

 

151.600 Definitions of basic terms

 

Appendices

 

Appendix A:  Information required with applications

Appendix B:  Specifications on driveway entrances

Appendix C:  Specifications for street design and construction


32                                          Camden County - Land Usage

 

 

Appendix D:  Vehicle accommodation area surfaces

Appendix E:  Screening and trees

 

 

 

GENERAL PROVISIONS

 

 

§ 151.001  PURPOSE.

 

(A) In accordance with G.S. § 153A‑340, the purpose of this chapter is to promote health, safety, morals and the general welfare.  This chapter is adopted pursuant to the authority contained in G.S. §§  153A‑320 et seq., Planning and Regulation of Development; G.S. §§ 143‑215.51 et seq., Floodway Regulation; and G.S. §§ 113A‑50 et seq., Sedimentation Pollution Control.

 

(B)  Whenever any provision of this chapter refers to or cites a section of the state statutes and that section is later amended or superseded, the chapter shall be deemed amended to refer to the amended section(s) or the section(s) that most nearly corresponds to the superseded section(s).

 

(C)  These regulations are made in accordance with a land use plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements; to promote desirable living conditions and the sustained stability of neighborhoods, to protect property against blight and depreciation and to promote aesthetic quality of the community.

(Ord. passed 12-15-97)

 

 

§ 151.002  TITLE.

 

This chapter shall be known and may be cited as the “Camden County Unified Development Chapter,” and the map herein referred to, which is identified by the title “Camden County Zoning Map,” revised December 20, 1993, shall be known and may be cited as such.  The map shall carry similar lines and boundaries as the map previously in effect, with changes, if any, in the district designations.

(Ord. passed 12-15-97)

 

 

§ 151.003  AFFECTED TERRITORY.

 

This chapter shall apply to all lands within the county borders.

(Ord. passed 12-15-97)


                                                    Unified Development                                                 33

 

 

§ 151.004  CONFLICT WITH OTHER LAWS.

 

When regulations made under authority of this chapter require a greater width or size of yards or courts, or require a lower height of a building or fewer number or stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the regulations made under authority of this chapter shall govern.  In the event this chapter conflicts with other provisions of local, state or federal law, that law which provides the greatest protection to environment and natural features shall govern.  Where that intent is not clear from a superficial reading of this chapter and laws, that law or provision which is most restrictive shall apply.

(Ord. passed 12-15-97)

 

 

§ 151.005  BONA FIDE FARMS EXEMPT.

 

(A) The provisions of this chapter shall not apply to bona fide farms, except that:

 

(1)  Farm property used for non‑farm purposes shall not be exempt from regulation.

 

(2)  The provisions of §§ 151.380 through 151.390 and 151.400 through 151.403, regulating development in the floodways and floodplains, as required for participation in the National Flood Insurance Program, shall apply to bona fide farms.

 

(B)  For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

BONA FIDE FARM.  Any tract or tracts of land, one of which must contain at least ten acres and which meets the following criteria:

 

(a)  On property an owner or lease is actively engaged in a substantial way in the commercial production or growing of crops, plants, livestock or poultry; and

 

(b)  The property has produced or yielded, during each of the three immediately preceding years, a gross income from the above‑described commercial production or growing of crops, plants, livestock or poultry, including payments received under soil conservation or land retirement programs, but not land rents paid to a non‑resident owner, of at least $1,000.

 

(C)  Uses exempted from regulation shall only include any dwelling which is or will be the permanent residence of the owner or owner‑occupant of the farm, the permanent residence of the son, daughter, mother, father, grandfather or grandmother of the owner or the permanent residence of the individual and his or her family where the individual earns at least 75% of his or her income from employment on the farm.

(Ord. passed 12-15-97)

 


34                                          Camden County - Land Usage

 

 

§ 151.006  EFFECTIVE DATE.

 

The provisions in this chapter are hereby adopted and effective on January 1, 1998.  Any subdivision or development having been given a minimum of sketch plan approval or site plan approval from the Board of Commissioners prior to the effective date of this chapter for one or more sections and made improvements costing more than 5% of the total project costs shall be subject to the subdivision and development design standards in effect at the time of approval.  This provision shall not apply to sections of those subdivisions or developments reserved as future development sites where no lot lines are shown. In addition, development occurring on lots within subdivisions and developments which received prior plat approval shall be in accordance with the provisions of these regulations.

(Ord. passed 12-15-97)

 

 

§ 151.007  RELATIONSHIP TO EXISTING ZONING, SUBDIVISION AND FLOOD CONTROL ORDINANCES.

 

To the extent that the provisions of this chapter are the same in substance as the previously adopted provisions that they replace in the county's zoning, subdivision or flood control ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided.  In particular, a situation that did not constitute a lawful nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this chapter merely by the repeal of the zoning ordinance.

(Ord. passed 12-15-97)

 

 

§ 151.008  RELATIONSHIP TO LAND USE PLAN.

 

(A) It is the intention of the Board that this chapter implement the planning policies adopted by the Board for the county as reflected in the land use plan and other planning documents.

 

(B)  While the Board reaffirms its commitment that this chapter and any amendment to it be in conformity with adopted planning policies, the Board hereby expresses its intent that neither this chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document, except to the extent that consistency between the plan and ordinances that affect areas of environmental concern is required by G.S. § 113A‑111, Effect of Land Use Plan.

(Ord. passed 12-15-97)

 


                                                    Unified Development                                                 35

 

 

§ 151.009  NO USE OR SALE OF LAND OR BUILDINGS; CONFORMANCE.

 

(A) No person may use, occupy or sell any land or buildings or authorize or permit the use, occupancy or sale of land or buildings under his or her control, except in accordance with all of the applicable provisions of this chapter, except in nonconforming situations, as described in §§ 151.360 through 151.368.

 

(B)  For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

USE OR OCCUPANCY OF A BUILDING OR LAND.  Anything and everything that is done to, on or in that building or land.

(Ord. passed 12-15-97)

 

 

§ 151.010  FEES.

 

(A) (1)  Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, conditional use permits, special use permits, subdivision plat approval, zoning amendments, variances and other administrative relief.

 

(2)  The amount of the fees charged shall be as set forth in the county's budget or as established by resolution of the Board filed in the office of the County Manager.

 

(B)  Fees established in accordance with division (A) above shall be paid upon submission of a signed application or notice of appeal.

(Ord. passed 12-15-97)

 

 

§ 151.011  SEVERABILITY.

 

It is hereby declared to be the intention of the Board that the sections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, the unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this chapter since the same would have been enacted without the incorporation into this chapter of the unconstitutional or invalid section, paragraph, sentence, clause or phrase.

(Ord. passed 12-15-97)

 


36                                          Camden County - Land Usage

 

 

§ 151.012  COMPUTATION OF TIME.

 

(A) Subject to division (C) below, the time within which an act is to be done shall be computed by excluding the first and including the last day.  If the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded.  When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded.

 

(B)  Whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and her and the notice or paper is served by mail, three days shall be added to the prescribed period.

 

(C)  Whenever the Administrator or other person is required to take certain action (such as mailing or publishing a notice) on or before a specified number of days prior to the occurrence of an event (such as a public hearing), then in computing the period, the day of the event shall not be included, but the day of the action shall be included.  For example, if notice of a public hearing is required to be published at least ten days before the hearing, then notice published on the first of the month would be satisfactory for a hearing on the eleventh.  The provisions of division (A) above shall not apply to this division.

(Ord. passed 12-15-97)

 

 

§ 151.013  ENCROACHMENT OF OPEN SPACE.

 

No yard shall be encroached upon or reduced, except in conformity with these regulations.  No yard for any building shall be considered as a yard for any other building.

(Ord. passed 12-15-97)

 

 

§ 151.014  EVERY LOT MUST ABUT A STREET OR ROAD.

 

No building or structure shall be established on a lot recorded in the Camden County Registry after June 3, 2002 which does not abut a state-maintained street or road, or private street, which has been built and is maintained to state road standards, as permitted in these regulations.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003-04-01, passed 5-5-03)

 

 

 

 

 

 

 

 

 

 

 

 

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§ 151.015  MIXED USES.

 

When two or more uses occupy the same building, the more restrictive requirements applicable to any use in the district which the lot is located shall apply to the buildings.

(Ord. passed 12-15-97)

 

 

§ 151.016  FRACTIONAL REQUIREMENTS.

 

When any requirement of this chapter results in a fraction of a unit, the fraction shall be disregarded.

(Ord. passed 12-15-97)

 

 

§ 151.017  IMPROVEMENT PERMIT REQUIRED.

 

(A) Prior to the issuance of zoning or building permits, verification must be submitted by the applicant that the lot will be served by either a state-approved package plant or public sewer facility or a waste treatment system complying with the requirements of the District Health Department.  This requirement shall not apply to camper lots in existence on the effective date of this chapter, where the electrical power is interrupted on a seasonal basis and an electrical permit is required prior to resumption of power. Evidence of the securing of an improvements permit shall not constitute evidence of compliance with requirements of any district or zone in this chapter or the overlay zones referred to herein.

 

(B)  Prior to the issuance of zoning or building permits on all lots or parcels created on or after June 3, 2002, the applicant must adequately demonstrate to the satisfaction of the Administrator that the lot will be served by either a road already maintained in the state road system or that the right-of-way serving the property has been built to state road standards and will be maintained to the state road standards.  This provision shall not apply to structures exempt from zoning and building regulations under the bona fide farm exemption.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.018  MISCELLANEOUS.

 

(A) Whenever an exact number, value or percentage is prescribed or required in any part of this chapter, the Administrator may permit a 5% deviation, either greater or less than.  Such deviation, when allowed by the Administrator, shall be done so in writing stating the facts for allowing the deviation.  The Administrator shall provide a copy of the approval to the person requesting the deviation and to the approving authority, if other than the approving authority.

 

(B)  Words used in the singular in this chapter include the plural and words used in the plural include the singular.

 

 

 

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(C)  As used in this chapter, words indicating the masculine gender include the feminine and neuter.

(Ord. passed 12-15-97; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

 

                                                   ZONING DISTRICTS

 

 

§ 151.030  RESIDENTIAL DISTRICTS ESTABLISHED.

 

(A) The following residential districts are hereby established:  R‑1, R‑2, R‑3 and GUD.  Each of these districts is designed and intended to secure for the persons who reside there a comfortable, healthy, safe and pleasant environment in which to live, sheltered from incompatible and disruptive activities.

 

(B)  Other objectives of some of these districts are explained in the remainder of this section.

 

(1)  The R‑1, mixed village residential, district is designed to provide for low density residential development in areas that do not intrude into areas primarily devoted to agriculture in or near the three core villages of Camden, Shiloh and South Mills, as appropriate.

 

(2)  The R‑2, mixed single-family residential, district is designed to control the development of moderate density residential neighborhoods characterized by a mixture of single-family dwelling types in relatively close proximity to the three core villages of Camden, Shiloh and South Mills, as appropriate.  This district is intended to provide moderate cost housing options for residents and to restrict the encroachment of mixed residential types in other districts, and to restrict the encroachment of incompatible business uses (farm related or other) in established residential areas.

 

(3)  The R‑3, basic residential, districts are designed to provide for low density residential development in areas that are adjacent to those areas primarily devoted to agriculture.  In addition, it is not intended for the placement of any mobile homes within this district.  Except as otherwise stated or if the context of the use indicates otherwise, when the term “R-3 district” is used in this chapter, it shall refer to both the R-3-1 district and the R-3-2 district.

 

(a)  The R-3-1 district is an R-3 district having lots of one or more acres in size.

 

(b)  The R-3-2 district is an R-3 district having lots of two or more acres in size.

 

(4)  The GUD, general use, district is established to allow opportunities for very low density residential development and bona fide farms, along with agricultural and related agricultural uses (e.g., timber, horticulture, silviculture and aquaculture.)

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

 

 

 

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§ 151.031  COMMERCIAL DISTRICTS ESTABLISHED.

 

(A) The following commercial districts are hereby established:  CCD, NCD, HC and MC.

 

(B)  These districts are created to accomplish the purposes listed below.

 

(1)  The CCD, community core, district is designed to provide the core commercial use in the county’s three villages, Camden, Shiloh and South Mills, to help meet social, shopping, employment and some housing needs of the county's rural residents in a village-type environment.  Areas with this designation have historically been considered the “towns” of the county, or have the potential to fall into this category in the future and contain a unique mix of uses in close proximity of each other.  The goals of this district are:

 

(a)  To preserve this special mix while minimizing conflicts between uses; and

 

(b)  To allow only development which can adequately be served with public amenities.

 

(2)  The NCD, neighborhood commercial, district is designed primarily to encourage the concentration of commercial facilities, as necessary, outside the core villages but still in clusters and to provide readily accessible shopping facilities for rural residents.  The district differs from the community core district in that uses are limited to small commercial and service businesses whose market is primarily those residents within the immediate vicinity.  These districts shall be limited to between two and four acres in size and typically located near intersections.  This district is also designed to include very limited kinds of water‑related commercial activities to serve a waterfront neighborhood.

 

(3)  The HC, highway commercial, district is designed to provide for and encourage the proper grouping and development of roadside uses which will best accommodate the needs of the motoring public along US 17, US 158 and NC 343.  In addition, commercial uses served by large trucks and other intense commercial uses shall be encouraged to locate in these districts.  These regulations are intended to control those aspects of development that affect adjacent residential land use, traffic flow and the capacity of the land to absorb development.  Specifically prohibited in this district are uses which create a hazardous or noxious effect and junkyards.

 

(4)  The MC, marine commercial, district is designed to provide for the development of businesses which depend upon or are significantly related to waterfront and tourist locations.  The district regulations are imposed so that services and commodities required by users of the county's waterways shall be provided in a manner which does not adversely affect the waters that attract those users or adjacent land users.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.032  MANUFACTURING DISTRICTS ESTABLISHED.

 

(A) (1)  The I‑1, light industrial, district is designed to provide space for industries, wholesaling and warehouse facilities and some related service establishments which can be operated in a relatively

clean and quiet manner and which will not be obnoxious to adjacent residential or commercial districts.

 

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(2)  The regulations are designed to prohibit the use of land for heavy industry which should properly be separated from other uses and to prohibit any use which would substantially interfere with the development and operation of other industrial establishments in the district.  The two districts are

distinguished in that certain types of manufacturing uses that tend to have significant adverse impacts on surrounding properties are excluded from the I‑1 district and are made permissible only within the I‑2 district.  These uses are listed in §§ 151.325 through 151.334.

 

(B)  The I‑2, heavy industrial, district is designed to provide an area in which the principal use of land is for heavy industries that by their nature may create some nuisance and which are not properly associated with nor compatible with most residential, commercial and service establishments.

(Ord. passed 12-15-97)

 

 

§ 151.033  FLOODPLAIN AND FLOODWAY OVERLAY DISTRICTS.

 

The floodplain, FP, and floodway, FW, districts are hereby established as overlay districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent the use is also permitted in the applicable overlay district.  The floodplain and floodway districts are further described in §§ 151.380 through 151.390 and are shown by a series of maps known as the flood insurance rate map(s).

(Ord. passed 12-15-97)

 

 

§ 151.034  MINING OVERLAY DISTRICT.

 

(A) The mining district is hereby established as an overlay district, and the land so classified may be used in a manner permitted in the underlying district only if and to the extent the use is also permitted by the provisions of this overlay district.

 

(B)  Permitted uses within mining overlay districts are granted by special use permit and may be issued only if the applicant has received the state mining permit and complies with the general standards and following specific standards.  The intent of this overlay district is to allow certain mining operations to take place in the county in very limited locations and under very restrictive circumstances, to insure that safety is maintained during excavations and to insure that mined lands are restored to a usable form after excavation.  Any mining activity, including excavation area, overburden area, settling ponds, processing areas and the like, shall be subject to these regulations and require a special use permit.

 

(C)  Mining, as defined herein, shall be conducted only within a mining overlay district in the county.

 

(D) (1)  Mining shall be considered any extractive operations including, but not limited to the quarrying, removal of sand, gravel, minerals, clay, soil, topsoil or similar operations.  For purposes of this section, mining shall not include extractive operations:  (a) where less than one acre of land is disturbed; and (b) where the materials are for use on property owned or under the direct control (e.g. farmland under written lease) of the property owner where the mining occurs.  Before the issuance of

 

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a permit for mining activity, an erosion and sedimentation control plan must be filed with and approved by State Department of Environment, Health and Natural Resources (NCDEHNR), Land Quality Section.

 

(2)  For a landfill, convenience site and related facility use (Table of Permitted Uses, use no. 15.300), no special use permit for mining activity is required if a valid zoning permit is issued for the facility.  However, in addition to any other requirements or conditions before any zoning permit is issued to the applicant, the applicant must obtain:  (a) a state mining permit; and (b) an erosion and sediment control plan must be filed with and approved by the State Department of Environment, Health and Natural Resources, Land Quality Section.

 

(E)  The following criteria are intended as a guide to determining whether it is appropriate to overlay an existing district with a mining overlay designation.  These criteria are not exclusive and the Board of Commissioners may consider other criteria in determining whether a mining overlay district is appropriately placed on the official zoning map:

 

(1)  No mining overlay district should be located within 50 feet of any property line or public right‑of‑way.  Setbacks will be reduced by 50% when there is a visual screen at least six feet in height between the mining activity and the adjoining use.

 

(2)  All tracts of land in a mining overlay district should have direct access to a paved highway which has been dedicated to the public for maintenance by the State Department of Transportation. Tracts with direct access include only:

 

(a)  Those tracts having either road frontage or a duly recorded access easement of at least 30 feet on a state‑maintained highway; or

 

(b)  Those tracts contiguous to and in the same ownership as tracts which are within the mining district and which have at least 30 feet of frontage on a state‑maintained highway.

 

(F)  When an area of the county is rezoned so that it is within a mining overlay district, the existing zoning of the area will remain intact and the mining overlay district acts to add mining to the list of permitted uses available for development in that area.  The dimensional and other requirements of the underlying district will remain in effect unless the mining overlay district requirements are more restrictive, in which case the mining overlay district requirements will prevail.

 

(G) Approval of a mining overlay district shall authorize the County Manager or other appropriate county official to notify the state of award of approval.

(Ord. passed 12-15-97; Am. Ord. passed 4-20-98; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

 

 

 

 

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§ 151.035  COMMERCIAL FISHING OVERLAY DISTRICT.

 

(A) The commercial fishing overly district, CF, is hereby established as an overlay district and the land so classified may be used in a manner permitted in the CF district in addition to all uses permitted by the provisions of the underlying zoning district.

 

(B)  The intent of this overlay district is to allow certain commercial fishing uses in the county in limited locations and under restrictive circumstances, to insure that nearby properties are not adversely affected.

 

(C)  If a zoning permit for commercial fishing is approved, the property shall principally be used for the purpose of commercial fishing and any residential function shall be an accessory use of the property.  The residential use may not exceed 50% of the total area actively used for commercial fishing purposes.

 

(D) All commercial fishing and related activities shall take place behind a fence that shall fully conceal from the front public or private street all commercial fishing activities occurring on the property.

 

(E)  All employee parking shall be located behind fencing required in division (D) above, but visitor and retail parking may be located outside the required fence.

 

(F)  The wholesale and retail sale of fish and shellfish is a permitted use in the commercial fishing district.  Restaurant uses are permitted, but restaurant seating areas shall not exceed 25% of the total area actively used for commercial fishing purposes.  Camping, transient lodging, admission fees, dockage fees and wharfage fees are prohibited.

 

(G) Within one year of the issuance of a zoning permit for a use permitted in the commercial fishing district, a residence or work building of not less than 600 square feet shall be erected on a parcel.  The building shall be erected in compliance with the State Building Code and shall be connected both to a public water supply system and to a public sanitary sewer system.

 

(H) If a public or community sewer line is extended that serves the lot with a structure in the commercial fishing overlay district, then any zoning permit, conditional use permit or special use permit issued at any time in the district shall expire at the end of one year following the date the public or community sewer system becomes available to the lot if the structure is not connected to the public or community sewer system.

 

(I)   Power washing of boats, equipment or gear shall only occur inside the fenced area described in division (D) above and only between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday, inclusive.

 

(J)   Maintenance and repair work on boats shall take place behind the fence described in division (D) above and in the rear of the property.

 

 

 

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(K)  Outdoor lighting shall be shielded or oriented so as to prevent glare from being directed onto adjacent properties.

 

(L)  There shall be no overnight storage of seafood waste, except in a completely enclosed container that shall be secured in a way that odors shall not emit from the container.  No commercial seafood waste may be disposed of or otherwise placed in any convenience site operated by or for the county.

 

(M) Any boats docked alongside the property shall be docked parallel to the property with the bow and stern securely fastened to the property without any other boat or vessel in between the boat and the property.

 

(N) Except within a marine commercial district, commercial fishing uses may only occur within a commercial fishing overlay district, CF, in the county.

 

(O) New commercial fishing overlay districts or additions on an existing commercial fishing overly district shall be made in the same manner as other amendments are made to the official zoning map.  A new commercial fishing overlay district shall consist of an area not less than ten contiguous acres. Additions to an existing commercial fishing overlay district shall be made in increments of not less than one acre.

 

(P)  All existing zoning permits, conditional use permits, special use permits or other permits issued by the county for the purpose of home‑based commercial fishing are hereby repealed and any lot located within a commercial fishing overlay district for which a permit was issued shall be considered to have a zoning permit allowing commercial fishing under the terms and conditions of this chapter. All home‑based commercial fishing uses operation under an existing zoning permit, conditional use permit, special use permit or other permit issued by the county for the purpose of home‑based commercial fishing for any lot located outside a commercial fishing overlay district shall, if the permit has not already expired, be considered a nonconforming use.

(Ord. passed 12-15-97; Am. Ord. 2000- , passed 3-21-00; Am. Ord. passed 6-19-00)

 

 

 

ZONING MAP

 

 

§ 151.045  OFFICIAL ZONING MAP.

 

(A) (1)  There shall be a map known and designated as the “Official Zoning Map,” which shall show the boundaries of all zoning districts within the county.

 

(2)  This zoning map shall be drawn on acetate or other durable material from which prints can be made, shall be dated and shall be kept in the County Department of Planning and Inspections.

 

 

 

 

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(B)  The official zoning map, dated December 20, 1993, is adopted and incorporated herein by reference.  Amendments to the zoning map shall be made and listed in accordance with §§ 151.580 through 151.586.

 

(C)  (1)  Should the official zoning map be lost, destroyed or damaged, the Administrator may have a new map drawn on acetate or other durable material from which prints can be made.

 

(2)  No further Board authorization or action is required so long as no district boundaries are changed in this process.

(Ord. passed 12-15-97)

 

 

§ 151.046  AMENDMENTS TO OFFICIAL ZONING MAP.

 

(A) Amendments to the official zoning map are accomplished using the same procedures that apply to other amendments to this chapter, as set forth in §§ 151.580 through 151.586.

 

(B)  (1)  The Administrator shall update the official zoning map as soon as possible after amendments to it are adopted by the Board.  Upon entering the amendment on the map, the Administrator shall change the date of the map to indicate its latest revision.

 

(2)  New prints of the updated map may then be issued.

 

(C)  No unauthorized person may alter or modify the official zoning map.

 

(D) The Administrator shall keep copies of superseded prints of the official zoning map for historical reference in a location such that they can be retrieved within not more than one working day.

(Ord. passed 12-15-97)

Cross-reference:

Zoning map changes, see T.S.O. Table V

 

 

§ 151.047  LOTS DIVIDED BY DISTRICT LINES.

 

(A) Whenever a single lot two acres or less in size is located within two or more different zoning districts, the district regulations applicable to the regulations of the more restrictive district shall apply.

 

(B)  Whenever a single lot greater than two acres in size is located within two or more different zoning districts, then the regulations applicable for the district covering that portion of the lot shall apply.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

 

 

 

 

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DENSITY AND DIMENSION REGULATIONS

 

 

§ 151.060  MINIMUM LOT SIZE.

 

(A) Subject to the provisions of §§ 151.061, 151.066 and 151.290 through 151.297, every lot in every zoning district, except the R-3 district and general use district and community core district, shall have or contain at least 40,000 square feet.  The minimum lot size in the R-3-1 district shall be one acre and the minimum lot size in the R-3-2 district shall be two acres.  The minimum lot size in the general use district shall be five acres.  The community core district minimum lot size shall be 20,000 square feet with connection to a public water system and 10,000 square feet with connection to a public water system and to a public sewer system.  Minimum lot sizes shall not apply to areas designated as open space.  The minimum lot size for a parcel created pursuant to division (e) of the definition of subdivision as provided in § 151.230(A) shall be either: (1) one acre; or (2) the minimum lot size applicable for the zoning district where the lot is created, whichever is smaller.

 

(B)  For purposes of this and the following sections, land that is submerged or regularly under water or intended in the future to be in such condition in canals, sounds, streams, oceans, CAMA wetlands and the like shall not be included in the area of any lot for the purpose of meeting minimum square footage requirements, except where the area is designated as open space, in which case the provisions of §§ 151.066, 151.195 et seq. and 151.290 et seq. shall apply.

 

(C)  Condominium units are exempted from minimum lot size requirements provided the lot on which they are located is legally created and documents establishing an association of owners for the purpose of maintaining, administering and operating common areas and facilities are recorded with the County Register of Deeds.  Creation of condominium lots shall be subject to the subdivision requirements of this chapter.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.061  MAXIMUM RESIDENTIAL DENSITY.

 

(A) Multi‑family and two‑family residences shall be subject to the minimum lot sizes established in § 151.066.

 

(B)  The densities set forth in this section are permissible only if and to the extent that water and sewer facilities are or will be made available to serve the proposed density in accordance with the provisions of §§ 151.170 et seq. or if water and sewer facilities are not available to serve the proposed density, then such density shall be limited by the availability of conventional individual water wells and septic systems, being approved for the particular lot or parcel.  In addition, nothing in this section shall be interpreted as authorizing a type of use (such as multi‑family) in a district (such as R‑1, R‑2 or R‑3) where the uses are not permitted under the Table of Permissible Uses.

 

 

 

 

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(C)  In determining the number of dwelling units permissible on a tract of land fractions shall be dropped.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.062  MINIMUM LOT WIDTHS.

 

(A) No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:

 

(1)  Could be used for purposes that are permissible in that zoning district; and

 

(2)  Could satisfy any applicable setback requirements for that district.

 

(B)  The following lot widths shall be deemed presumptively to satisfy the standard set forth in division (A) above:

 

(1)  In all zoning districts, except planned unit developments and general use districts:  125 feet.  This provision shall not apply to lots in common open space subdivisions and as provided in § 151.014, every lot must abut a street or road.

 

(2)  Lots in open space subdivisions shall comply with these provisions or § 151.014, every lot must abut a street or road and division (A) above.

 

(3)  In the general use district, the minimum lot width shall be 300 feet.

 

(4)  In planned unit developments, 75 feet if the lot is served by a public water supply system or 50 feet if the lot is served by both a public water supply system and a public waste water collection system.

 

(C)  Lots fronting on cul‑de‑sacs shall have at least 80% of the minimum lot width required when measured to a point 50 feet back from the street right‑of‑way.  Further, cul‑de‑sac lots shall have a minimum of 35 feet of frontage along the street right‑of‑way.

 

(D) Flag lots may be permitted subject to the following:

 

(1)  No more than 5% of the lots within a subdivision may be flag lots; however, all major subdivisions shall be entitled to at least one flag lot; (no limit restriction shall apply in common open space subdivisions).

 

(2)  The area within the arm shall not be included in determining the minimum lot area.

 

(3)  Flag lots are prohibited whenever their effect would be an increase in the number of lots accessing arterial roads.

 

 

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(4)  The minimum width of the “arm” or “pole” portion of a flag lot shall be 45 feet.

(Ord. passed 12-15-97; Am. Ord. passed 9-18-00; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.063  SETBACK REQUIREMENTS.

 

(A) Subject to §§ 151.064 and 151.065 and other provisions of this chapter, no portion of any structure may be located on any lot closer to any lot line or to a street than is authorized in the tables set forth below:

 

 

Table of Setback Requirements for lots recorded prior to February 17, 2003

 

Street Setbacks

 

Lot Boundary Setbacks

 

Zoning District

 

Vehicular and Structural Setback

 

Structural Side Setback

 

Structural Rear Line Setback

 

Vehicular Area Side and Rear Setbacks

 

CCD

 

25 feet

 

10 feet

 

10 feet

 

10 feet

 

HC, NCD, I-1, I-2

 

 

25

 

 

10

 

 

10

 

 

0

 

R-1

 

25

 

10

 

10

 

10

 

R-2

 

50

 

10

 

10

 

10

 

R-3

 

50

 

10

 

10

 

10

 

GUD

 

100

 

25

 

25

 

25

 

 

 

Table of Setback Requirements for lots recorded after February 17, 2003

 

Street Setbacks

 

Lot Boundary Setbacks

 

Zoning District

 

Vehicular and Structural Setback

 

Structural Side Setback

 

Structural Rear Line Setback

 

Vehicular Area Side and Rear Setbacks

 

CCD

 

25 feet

 

10 feet

 

10 feet

 

10 feet

 

HC, NCD, I-1, I-2

 

 

25

 

 

10

 

 

10

 

 

0

 

R-1

 

25

 

10

 

10

 

10

 

R-2

 

50

 

10

 

10

 

10

 

R-3

 

50

 

25

 

25

 

25

 

GUD

 

100

 

25

 

25

 

25

 

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(1)  With respect to lots in the HC, NCD, R-1 and R-2 districts located along major arterials (US 17 [excluding US 17 business], US 158, NC 34, NC 343), the minimum street structure setback set forth in the table above shall be increased by 25 feet.  However, the increased setback shall not apply to bank automated teller machines and gas pumps with associated canopies and vehicular areas serving the gas pumps, provided a minimum 25-foot setback is maintained along major arterials.

 

(2)  If the street right‑of‑way line is readily determinable (by reference to a recorded map, set irons or other means) the street setback shall be measured from the right‑of‑way line.  If the right‑of‑way line is not so determinable, the street setback shall be measured from a point established by finding the centerline of the street and adding to it one-half the width of the right‑of way, plus 15 feet.  It shall be the responsibility of the applicant to obtain a certified established right‑of‑way line from NCDOT or a state register surveyor.

 

(3)  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

LOT BOUNDARY LINE.  Lot boundaries other than those that abut streets.

 

STRUCTURE.  Any form or arrangement of a building or construction materials involving the necessity or precaution of providing proper support, bracing, tying, anchoring, or other protection against the pressure of the elements.  Fences running along lot boundaries adjacent to public street rights‑of-way if the fences exceed six feet in height and are substantially opaque shall be deemed to fall within this description and are therefore prohibited within the setback area.

 

(4)  The locations of front, side and rear structure setback lines on irregularly shaped lots shall be determined by the Administrator based upon the spirit and the intent of the district regulations.

 

(B)  Whenever a lot with a proposed non-residential use has a common boundary line with a permitted residential use, the proposed use shall be responsible for providing, in addition to the standard side yard, an additional ten-foot wide bufferyard.  This ten-foot wide buffer shall extend the entire length of the common boundary and provide adequate visual and sensory obstruction.  This shall be done in accordance with the provisions of §§ 151.135 through 151.145 and 151.155 through 151.159, any Board requirements or upon suggestion of the Administrator.

 

(C)  Setback distances shall be measured from the property line or street right‑of‑way line to a point on the lot that is directly below the nearest extension of any part of the structure, excluding:

 

(1)  The outermost three feet of any uncovered porch, step, eaves, gutter, canopy, wooden deck, extending more than 12 inches above the ground or similar fixture;

 

(2)  A deck, or patio if no portion of the same extends more than 12 inches above the ground;

 

(3)  Any structure that is not a part of the building itself, but is a mere appendage to it, such as a flagpole and the like;

 

 

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(4)  Handicapped ramps;

 

(5)  Public walkways, neighborhood walkways and walkways shared between two or more property owners that extend more than 12 inches above the ground and that may contain a deck or gazebo authorized by CAMA;

 

(6)  Walkways not extending over 12 inches above the ground that may have handrails and a deck or gazebo authorized by CAMA; and

 

(7)  On‑premise signs.

 

(D) Whenever a private road on private property serves more than three lots or more than three dwelling units or that serves any non-residential use tending to generate traffic equivalent to more than three dwelling units is located along a lot boundary, then:

 

(1)  If the lot is not also bordered by a public street, structures and off‑premise signs shall be setback from the private road just as if the road were a public street; and

 

(2)  If the lot is also bordered by a public street, then the setback distance on lots used for residential purposes, as set forth above in the column labeled “Lot Boundary Setback,” shall be measured from the inside boundary of the traveled portion of the private road.

 

(E)  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

LOT BOUNDARY SETBACK.  The distance between the nearest portion of any structure or vehicular and the boundary line of the adjoining lot parcel or tract.

 

STREET SETBACK.  The distance between the nearest position of any structure or vehicular area and a street or highway right-of‑way line when measured perpendicularly thereto.

 

(F)  Structure setbacks may be modified in accordance with the following provisions:

 

(1)  Where land acquisition for a public purpose reduces a yard of developed properties such that the minimum standards of this chapter cannot be met, minimum principal structure setbacks for that yard may be reduced by 25%.  Reductions of greater than 25% shall not be allowed, except by a variance granted from the Board of Adjustment.

 

(2)  Where a lot is within 500 feet of developed properties on the same side of the road that contain two or more legally nonconforming principal structures in terms of front yard setbacks, the front yard setback for that lot shall be the average setback of all conforming and legally nonconforming principal structures on the same side of the road within 500 feet of the lot in question.  However, under no circumstance may the front yard setback be less than the furthest setback on the adjoining lot or be reduced more than 25% of the minimum required, except by a variance granted from the Board of Adjustment.

 

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(G) A roof over a pre‑existing stoop may encroach into required setbacks provided the roof not cover more than 40 square feet in area.

 

(H) Guard gates may be placed within a right‑of‑way with permission of the owner of that right‑of‑way and provided its location does not constitute a hazard to the public.

 

(I)   Where a future right‑of‑way has been identified, street setbacks shall be measured from the future right‑of‑way.

 

(J)   Arbors may be located within 20 feet of a major arterial road.

 

(K)  In accordance with § 151.083, when two or more parcels share a common driveway in order to reduce the number of curb cuts, the adjoining side yard setbacks shall not apply provided all fire code regulations are met and adequate utility and drainage easements are provided.

 

(L)  The setback requirements shall apply to all storage of equipment, salvage, material, product or any other item related to an occupation or business.

(Ord. passed 12-15-97; Am. Ord. passed 7-20-98; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.064  ACCESSORY BUILDING SETBACK REQUIREMENTS.

 

All accessory buildings in residential districts must comply with the street setback set forth in § 151.063, but shall be required to observe only a ten-foot setback from rear and side boundary lines. However, boat houses and docks requiring a CAMA permit may locate in accordance with that CAMA permit and not be subject to rear yard setback requirements.

(Ord. passed 12-15-97)

 

 

§ 151.065  HEIGHT LIMITATIONS.

 

(A) No building or structure may exceed a height of 35 feet.  Any applicant for a structure (such as a wireless telecommunications facility) with a height of 50 feet or more shall obtain written documentation from the manager of any airport which regularly handles commercial or military air traffic and is located within 15 miles of the proposed site that the structure will not interfere with air traffic or otherwise pose a risk to air traffic.  The applicant may appeal to the Board of Adjustment if the manager of the airport does not provide the applicant with a statement as required by this section, and the Board may grant the permit if it makes written findings of fact that all other requirements under this chapter are met and if the proposed structure will not interfere or otherwise pose a risk to air traffic.

 

(1)  Lattice‑type towers having a width greater than 24 inches at any point over 50 feet are prohibited in the county.

 

 

 

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(2)  In calculating the height of a building or structure for determining its compliance with height limitations contained in this chapter, the following structures may exceed the maximum height allowed for the roof line of the building:  church spires and steeples, belfries, cupolas, domes or ornamental towers, monuments, water towers, chimneys, smoke stacks, conveyors, flagpoles, parapet walls and any necessary mechanical appurtenances, excluding signs.

 

(B)  Also excluded from other height limitations contained within this chapter are wireless telecommunication facilities (WTF), as defined in § 151.600.  The siting, height, setbacks, application for construction, use, maintenance and disassembly of WTF must conform to the regulations of this section, as follow:

 

(1)  Siting.

 

(a)  Zoning districts.

 

1.   Wireless telecommunication facilities (WTF) are permitted by right in general use districts, if they adhere to all applicable requirements stated herein.

 

2.   WTF are permitted as conditional uses in the HC, I‑1, I‑2 and MC districts, subject to the requirements of this section and any additional regulations and requirements imposed by the Board of Adjustments, as provided in §§ 151.495 through 151.518.

 

3.   WTF are prohibited in all other districts.

 

(b)  Co‑location.  It is the stated policy of this chapter to minimize the number of WTF and to encourage the co‑location of antenna arrays of more than one wireless communication service provider on a single support structure.

 

1.   Antennas or arrays may be attached to an existing WTF support structure that is in compliance with all applicable county regulations, as long as the height of the tower is not increased and structural integrity of the WTF is not compromised.

 

2.   No new WTF support structure may be constructed within one mile radius of an existing support tower unless it can be demonstrated to the satisfaction of the Planning Director or BOA that the existing support tower is not available for co‑location of an additional WTF, or that its specific location does not satisfy the operational requirement of the applicant.

 

3.   All new WTF support structures over 150 feet shall be structurally designed to accommodate the applicant's communications equipment as well as comparable communications equipment for at least two other users.

 

4.   WTF may be mounted or attached to any existing structure (such as water towers, steeples or electric transmission towers) provided that the owner of the structure and the Planning Director or BOA are in agreement that the WTF is not obtrusive or otherwise disagreeable.

 

 

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(2)  Height.

 

(a)  WTF less than 35 feet in height, and used for personal and private purposes are permitted by right in all districts and are subject to the setback requirements of the district in which it is located.

 

(b)  Any WTF between 35 feet and 300 feet are subject to the regulations contained within this chapter.

 

(c)  WTF more than 300 feet are not permitted in the county.

 

(3)  Setback.

 

(a)  The single parcel of land proposed as a WTF site shall be of sufficient size to accommodate a fall line easement of not less than a circle with a radius equal to the setback distances described below.  Preserving an easement shall be a required condition of any zoning or conditional use permit issued in accordance with site approval.  No structure, other than the existing single residence of the property owner and its customary, accessory structures shall be permitted within the fall line easement.

 

(b)  Excluded from this requirement are the necessary equipment shelters, cabinets, guy anchors or other on‑the‑ground ancillary equipment which shall meet the setback requirements of the zone in which it is located.

 

1.   Without exception, the radius of the circle containing the fall line easement must be 100% of the tower height when the parcel proposed for the WTF abuts or is within 1,000 feet of property containing a residential structure, church, school or public park or any platted major residential subdivision.  If the conditions of division (B)(3)(a) above are not present, then:

 

2.   The radius of the circle containing the fall line easement may be reduced to 50% of the height of the WTF when the proposed structure is a monopole.

 

3.   The radius of the circle containing the fall line easement may be reduced to 75% of the tower height when the WTF is a lattice‑type tower with guy wires.  Guy anchors must be located on the same parcel and must conform to standard building setbacks for that zoning district.  Guy anchors must also be visually screened according to the requirements hereof.

 

(4)  Application for siting and construction.  Any applicant for the placement of a new WTF support structure must submit an application package to the Planning Director containing at least the following information, regardless of whether it is permitted by right or a conditional use in the zoning district in which it is proposed.

 

(a)  A copy of the deed for the property in question, including a legal description, and/or a copy of the survey of the property or leased area, if applicable;

 

 

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(b)  A copy of any necessary access easements and/or lease agreements between the property owner and the service provider;  (This agreement must include a statement of responsibility for tower removal.)

 

(c)  Written statements assuring the WTF site complies with:

 

1.   The National Environmental Policy Act of 1969 (NEPA), including the registration number if the WTF is over 200 feet in height;

 

2.   All applicable Federal Communications Commission (FCC) regulations; and

 

3.   All applicable Federal Aviation Administration (FAA) regulations.

 

(d)  A letter regarding non‑ionizing emitted radiation (NIER), quantifying the level of radiation exposure;

 

(e)  Owner of the property, including full name, address and telephone number;

 

(f)   Owner of the WTF, including full name, address and telephone number;

 

(g)  Precise drawings, in plan and cross‑sectional view, of all proposed structural components of the WTF, including documentation from a licensed professional engineer demonstrating the proposed facility's compliance with applicable building code standards and describing the general structural capacity of the proposed facility, including the number and type of transmission and/or reception devices that can be accommodated on any WTF support structure over 150 feet;

 

(h)  A vicinity map drawn to sufficient scale which depicts all adjacent properties, structures, rights‑of‑way, the fall line easement, zoning district boundaries, site access on site and adjacent land uses to a radius of 1,500 feet from the WTF;

 

(i)   The power of attorney from the property owner to the applicant, if different, acknowledging that the owner of the property is aware of the application;

 

(j)   A landscape plan drawn to sufficient scale to show specific location and species of vegetation; and  (This requirement may be waived by the Planning Director or Board of Adjustment based upon existing conditions.)

 

(k)  A surety bond from a reputable financial institution for 120% of the cost of removal of the proposed WTF.  The cost of removal of the WTF shall be determined by an engineer of sufficient expertise and agreed to by the Planning Director or BOA.

 

(l)   Any other information as is deemed by the Planning Director or BOA to be necessary to render a decision.

 

 

 

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54                                          Camden County - Land Usage

 

 

(5)  Specific requirements regarding construction and use.

 

(a)  Installation and use of wireless communication antenna arrays shall conform to such standards as are required by the Federal Communications Commission and the radio frequency (RF) exposure guidelines issued by the American National Standards Institute (ANSI).

 

(b)  Any and all proposed telecommunications transmissions shall not interfere with any existing telecommunications facilities.

 

(c)  Towers shall not be artificially illuminated unless required by the Federal Aviation Administration or other governmental regulation.  Ground level security lighting is permitted if kept less than 20 feet in height and is designed to minimize its effect on adjacent properties.

 

(d)  Only those signs for cautionary or advisory purposes shall be permitted on any part of a WTF, these may not be posted higher than 15 feet.

 

(e)  WTF and support facilities shall be designed to be compatible with the natural and built environment.  This includes, but is not limited to materials, textures, colors, screening and landscaping that are harmonious with the surroundings.

 

(f)   The perimeter of the tower area shall be landscaped with a buffer of plant materials that effectively screens the view of the tower base.  This standard buffer shall consist of a strip at least five feet wide outside the perimeter of the tower area.  This requirement may be waived by the Planning Director or Board of Adjustment based upon existing conditions.

 

(6)  Maintenance and alteration.  Minor modifications to existing WTF, whether emergency or routine, are permitted, provided there is no remarkably significant change in the visual appearance of the facility.  Also permitted without further approval is the addition of transmission/reception devices of other service providers, provided there are no substantial changes made to the existing support structure and the alteration does not increase the height of the WTF.

 

(7)  Abandonment and disassembly.

 

(a)  A WTF shall be considered abandoned if it falls into obvious disrepair or a reasonable attempt is made by the Planning Director to contact the applicant and/or owner of the WTF, and no contact can be established.

 

(b)  Once a WTF is deemed abandoned, the owner of the property and/or the owner of the WTF is responsible for its removal.  If arrangements for the removal of the WTF are not made within 90 days, the county may then utilize the surety bond to dismantle or remove the structure by any means necessary.

(Ord. passed 12-15-97; Am. Ord. passed 1-24-00; Am. Ord. passed 4-2-01; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

 

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§ 151.066  MULTI‑FAMILY AND TWO‑FAMILY RESIDENCES.

 

(A) Multi‑family and two‑family residences are permissible in accordance with the table of § 151.334.

 

(B)  Subject to division (H) below, every lot developed for multi‑family dwelling purposes must contain at least the following square footage:

 

(1)  For two dwelling units (duplex):  60,000 square feet;

 

(2)  For three dwelling units (triplex):  80,000 square feet, plus 10,000 square feet for every unit over three units up to seven units; and

 

(3)  For eight dwelling units:  130,000 square feet, plus 15,000 square feet for every unit over eight units.

 

(C)  In determining the number of dwelling units permissible on a tract of land, fractions shall be dropped.

 

(D) Thirty percent of the area shall be reserved as common open space.  Open space shall meet the requirements of this chapter.

 

(E)  The minimum lot width required to establish multi‑family and two‑family residences shall be 125 feet.  However, within that lot, property may be further divided to allow the sale of townhouses or condominiums, provided a minimum width of 16 feet is maintained.

 

(F)  Setbacks for two‑family residences shall be in accordance with § 151.064.  However, for two or more duplexes located in one development and for all multi-family residences, setbacks shall be in accordance with the following.

 

(1)  Setbacks from exterior lot lines of the development shall be in accordance with the principal structure setbacks of § 151.064.

 

(2)  No portion of the front or rear of a principal structure shall be less than 40 feet from the front or rear of another principal structure within the development.

 

(3)  No portion of the side of a principal structure shall be less than 20 feet from an adjacent principal structure.

 

(4)  No accessory structure shall be less than ten feet from another structure.


56                                          Camden County - Land Usage

 

 

(5)  No two units or structures shall be considered attached unless the units or structures share at least five feet of common wall.

 

(6)  No improved recreation shall be located within any required exterior setbacks or within 20 feet of any dwelling unit.

 

(G) No building shall exceed a length or width of 160 feet.

 

(H) A building that was in existence prior to April 1, 1985, and contained at least 2,000 square feet of heated floor area may be converted into a multi‑family or two-family dwelling in accordance with the table of § 151.334 without regard to the minimum lot size requirements of divisions (B) and (C) above, but shall be subject to the following.

 

(1)  The off‑street parking requirement of §§ 151.110 through 151.123 must be satisfied.

 

(2)  If the lot does not contain the minimum number of square feet required under division (B) above, the building may not be enlarged in the conversion process to an extent greater than 10% of the heated floor area of the original building.

 

(3)  The building shall be made nonconforming with the requirements of division (B) above or shall be increased to the extent of the nonconformity.

 

(4)  The building may not contain more than nine bedrooms and no more than six dwelling units.

 

(I)   Multi‑family and two‑family residences may be located only on lots fronting on:

 

(1)  A state maintained road; or

 

(2)  A street constructed to meet state standards and offered for dedication to the state.

(Ord. passed 12-15-97)

 

 

§ 151.067  FLOOR AREA RATIOS AND LODGING UNITS.

 

(A) (1)  Subject to the remaining provisions of this section, the maximum square footage of building gross floor area permissible on any lot in the following districts shall be determined by multiplying the figure under the floor area ratio (FAR) column by the square footage of the lot.

 

(2)  FARs are not applicable to residential uses, except as noted in division (B) below.


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Zoning District

 

FAR

 

CCD

 

.500

 

NCD

 

.500

 

HC

 

.500

 

I‑1

 

.500

 

I‑2

 

.500

 

(B)  The floor area ratios set forth in division (A) above shall not apply to residential uses within the listed districts, except with respect to lots that also contain buildings used for non-residential purposes, in which case the FARs shall be applicable to all buildings on the lots.

 

(C)  In no case may the number of lodging units within any 1.540 classification use, hotels and motels, exceed the number per acre indicated below.  Lot size shall be expressed in hundredths of an acre.

 

 

Zoning District

 

Number of Lodging Units Per Acre

 

HC

 

40

 

MC

 

40

 

(D) The floor area ratios set forth in division (A) above shall not apply to recreational facilities that are not open to the general public, but are designed primarily to serve the residents of the particular development where the facilities are located.

(Ord. passed 12-15-97)

 

 

§ 151.068  MAXIMUM LOT COVERAGE BY BUILDINGS.

 

(A) The maximum percentage of any lot that may be covered shall be subject to the following:

 

 

Districts/Lots

 

Total Lot Coverage

 

Uncovered Decks, Walkways and Pools

 

Residential districts, for lots not covered below

 

25%

 

NA


58                                          Camden County - Land Usage

 

 

 

Districts/Lots

 

Total Lot Coverage

 

Uncovered Decks, Walkways and Pools

 

CCD, NCD, MC and HC districts

 

40%

 

NA

 

Residential lots 10,000 square feet to 20,000 square feet in area

 

25%

 

Additional 15% of lot area

 

Residential lots less than 10,000 square feet in area

 

40%

 

Additional 15% of lot area

 

(B)  Notwithstanding the foregoing division, the maximum percentage of the portion of any lot or tract located in an estuarine shoreline area of environmental concern (areas within 75 feet landward of the mean high water level or normal water level of estuarine waters) that may be covered by impervious surfaces, including principal and accessory buildings as well as any paved parking area regardless of the paving material used, is 30%.

(Ord. passed 12-15-97)

 

 

§ 151.069  APPEARANCE STANDARDS.

 

(A) (1)  Except as otherwise provided herein, the following appearance standards shall apply to all site-built, modular and mobile single-family and multi-family homes erected, constructed, installed, placed or otherwise located in the county but shall not apply to commercial structures.

 

(2)  There shall be a porch at each entrance to the structure having dimensions of not less than three feet wide and three feet deep.  The sides of all porches and steps shall be constructed with wood, masonry or concrete, but no metal.

 

(B)  In addition to the foregoing requirement in division (A) above, the following appearance standards shall apply to all modular and site-built homes erected, constructed, installed, placed or otherwise located in the county but shall not apply to commercial structures:

 

(1)  The minimum vertical rise for a roof shall be 6 feet for each 12 feet of horizontal run.

 

(2)  Not less than 50% of the entire roof area of the house shall have a minimum vertical rise of 6 feet for each 12 feet of horizontal run.

 

(3)  The calculation of the minimum roof area required to meet the 50% threshold shall not include the roof area covering a dormer window.

 

(4)  The minimum vertical rise for a roof shall be 4 feet for each 12 feet of horizontal run over any style of dormer windows.

 

(5)  The minimum vertical rise for a roof shall be 3 feet for each 12 feet of horizontal run over non-heated space such as porches.

 

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(C)  The following appearance standards shall apply to all principal structures erected, constructed, installed, placed or otherwise located in R-3 and GUD districts:

 

(1)  No principal structure may be constructed or installed that does not have at least a porch at the front entrance of the structure.  Such porch shall have a minimum area of 54 square feet, and the calculation of such area shall not include any steps.  The steps to the front porch shall be not less than six feet from the front entrance to the structure.  The front porch shall have a width of not less than nine feet.

 

(2)  The sides of all porches and steps shall be constructed with wood, masonry or concrete, but no metal.

 

(3)  All porches shall have a roof attached to the principal structure and shall extend over the entire porch.  The minimum roof depth shall be six feet.  Where a porch is recessed into the principal structure and where the structure serves as part of the roof of the porch, then that part of the structure extending over the porch may count as the roof of the porch so long as the porch is covered by not less than six feet of the structure, or a combination of the structure and a separate roof.

 

(4)  The curtain wall or foundation shall have a visible exterior of one of the following:  true brick or natural stone.

 

(D) The following appearance standards shall apply to all Class A, Class B and Class C mobile homes.  No certificate of occupancy may be issued until the Administrator determines that the applicable appearance criteria have been met:

 

(1)  Class A mobile homes may be installed in R-1 and R-2 zoning districts with at least the following appearance standards:

 

(a)  The curtain wall or foundation shall have a visible exterior of one of the following: true brick or natural stone.

 

(b)  1.   The mobile home is to be installed not less than the same distance from the right‑of‑way as any principle structure on an adjacent property on the same side of the roadway.

 

2.   In those instances where an adjoining property has a principal structure located inside the required front setback area, and such principal structure is located within 150 feet of the proposed site for installation of the Class A mobile home, then the proposed Class A mobile home may be installed at a setback equal to the structure on the adjacent property or 25 feet from the right‑of‑way, whichever is greater.

 

(c)  There shall be a porch at each entrance to the mobile home having dimensions of not less than five feet wide and five feet deep.  The front and sides of all porches and steps shall be constructed with wood, stone, masonry, concrete, or similar looking composite material.

 

 

 

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(2)  Class B and Class C mobile homes may be installed in the R-1 zoning district and within approved mobile home parks subject to the following appearance standards:

 

(a)  The curtain wall shall be of all weather material covering all exposed underpinning.

 

(b)  1.   The mobile home is to be installed not less than the same distance from the right‑of‑way as any principle structure on an adjacent property on the same side of the roadway.

 

2.   In those instances where an adjoining property has a principal structure located inside the required front setback area, and such principal structure is located within 150 feet of the proposed site for installation of the Class B or C mobile home, then proposed Class B or C mobile home may be installed at a setback equal to the structure on the adjacent property or 25 feet from the right‑of‑way, whichever is greater.

 

(c)  There shall be a porch at each entrance to the structure having dimensions of not less than three feet wide and three feet deep.  The front and sides of all porches and steps shall be constructed with wood, stone, masonry, concrete, or similar looking composite material.

 

(3)  Mobile homes that are installed as a change out to an existing mobile home must meet these appearance standards.

 

(E)  All new residential construction outside a floodplain must have a minimum elevation of the lowest floor (as defined in § 151.380) of at least 24 inches above grade, as grade existed prior to or at the time of construction.

 

(1)  The elevation shall be determined by the building inspector before the building inspector approves the floor inspection.  Such elevation shall be of the first floor elevation.  In lieu of determining the elevation himself, the building inspector may accept an elevation certificate signed and sealed by a North Carolina certified land surveyor or a North Carolina licensed engineer.

 

(2)  Additions to residential construction are exempt from this appearance criteria, but the lowest floor elevation shall be not less than the lowest floor elevation of the existing construction to which the addition is attached.

 

(3)  As used in this section “new residential construction” shall mean residential construction for which a building permit has been applied for on or after July 1, 2003.

(Ord. 2002-04-02, passed 4-15-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

 

 

 

 

 

 

 

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                                              STREETS AND SIDEWALKS

 

 

§ 151.080  PUBLIC STREETS TO MEET DOT STANDARDS.

 

(A) All public and private streets and rights-of-way shall be constructed in accordance with the standards established for the particular type of street in question by the State Department of Transportation, Division of Highways, hereinafter, DOT standards, unless a higher or more restrictive standard is established by this chapter, in which case the street shall meet that higher or more restrictive standard.  This provision relates to private streets and rights-of-way to which lots recorded on or after June 3, 2002 in the County Registry are accessed.

 

(B)  For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

CONSTRUCTED.  In reference to DOT standards, all standards of design and construction, including right‑of‑way widths.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.081  STREET CLASSIFICATION.

 

(A) In all new developments, streets that are dedicated to public use shall be classified as provided in division (B) below.

 

(1)  The classification shall be based upon the function of the street and projected volume of traffic to be carried by the street, stated in terms of the number of trips per day.

 

(2)  The number of dwelling units to be served by the street may be used as a useful indicator of the number of trips but is not conclusive.

 

(3)  Whenever a street within a new development continues an existing street that formerly terminated outside the development or it is expected that a new street will be continued beyond the development at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the development.

 

(B)  The classification of streets shall be as follows:

 

(1)  ARTERIAL.  A street whose principal function is to carry large volumes of traffic at higher speeds through the county or from one part of the county to another.  Specifically, the following streets shall be considered arterials:  US 17, US 158, NC 34, and NC 343.

 

(2)  ARTERIAL ACCESS STREET.  A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat

 

 

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sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.

 

(3)  COLLECTOR.  A street whose principle function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.  It generally serves or is designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used or is used to carry more than 800 trips per day.

 

(4)  CUL‑DE‑SAC.  A street that terminates in a vehicular turnaround.

 

(5)  LOCAL.  A street whose primary function is to provide access to abutting properties.  It generally serves or is designed to serve less than 100 dwelling units and handles less than 800 trips per day.

 

(6)  LOOP STREET.  A street that has its beginning and end points on the same road.

 

(7)  MAJOR ARTERIAL.  The following arterials that are part of the state's primary road system:  US 17, US 158, NC 343, and NC 34.

 

(8)  MINOR ARTERIAL.  All arterials other than MAJOR ARTERIALS.

 

(9)  STREET.  All public or private rights-of-way serving one or more lots.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.082  ACCESS TO LOTS.

 

Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use which access shall be no less than 45 feet in width.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.083  ACCESS TO STREETS.

 

(A) The provisions of this section shall apply to the following roads:

 

(1)  Major arterial streets:  US 17; US 158; NC 34; and NC 343; and

 

(2)  Minor collector streets:  SR 1224, Old Swamp Road; SR 1145, Lamb's Road in its entirety; SR 1203, Scotland Road; SR 1107, Sandy Hook Road; SR 1121, Trotman Road in its entirety; SR 1111, Wickham Road; and SR 1000, Texas Road.

 

(B)  Whenever a tract proposed for a non‑residential subdivision or major residential subdivision borders on or contains an existing or proposed major arterial or minor collector street listed above, then

 

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                                                    Unified Development                                               60C

 

 

all lots created out of the tract must have sufficient frontage on another street, either pre‑existing or created as part of the subdivision, so that direct access to the lot need not be provided by the arterial street or collector street unless compliance with this requirement cannot reasonably be accomplished due to the size or the shape of the tract to be divided.  The final plat creating the subdivision shall indicate a limitation on driveway access to the major arterial or minor collector street for those lots which have alternate access.

 

(C)  The county has many pre‑existing small lots along major arterial and minor collector roads listed above.  In order to provide incentives for shared access on adjacent lots subdivided before the effective date of this chapter that are used for non‑residential purposes, any adjoining yard landscaping required in §§ 151.135 through 151.145 and 151.155 through 151.159 and adjoining yard setback required in §§ 151.060 through 151.068 may be waived when adjoining lots owners choose an option to share driveways subject to the provisions below:

 

(1)  The maximum number of shared driveways permitted to take advantage of this division shall be:

 

(a)  Driveway for frontages less than 500 feet;

 

(b)  Driveways for frontages between 500 feet and 1,000 feet; and

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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                                                    Unified Development                                                 61

 

 

(c)  Driveways for frontages over 1,000 feet.  Deviations from the foregoing standards may be authorized when the permit issuing authority determines, upon advice of the State Department of Transportation, that a particular development design or technique can still achieve a satisfactory level of access control consistent with the objectives of this section.

 

(2)  A cross access easement approved by the Administrator shall be recorded with the County Register of Deeds to ensure the right of access to all lots.

 

(3)  All fire code regulations must be met and adequate utility and drainage easements must be provided.

 

(D) Except as provided above, arterial streets, entrances to streets, coordination with surrounding streets, relationships of streets to topography, general layout of streets, street intersections, construction standards and specifications of streets and all applicable state regulations regarding those matters shall apply and are hereby adopted as a part of this chapter as reference.

(Ord. passed 12-15-97)

 

 

§ 151.084  DECELERATION LANES ON MAJOR ARTERIAL STREETS.

 

Any use capable of generating more than 60 trips per peak hour, estimated by using NCDOT guidelines, Institute of Traffic Engineers Trip Generation Manual, shall provide at least one deceleration lane per street front in accordance with NCDOT standards when the use is located along a major arterial street.  Deviations from the foregoing standards may be authorized when the permit issuing authority determines, upon advice of the State Department of Transportation, that a particular development design or technique can still achieve a satisfactory level of access control consistent with the objectives of this section.

(Ord. passed 12-15-97)

 

 

§ 151.085  TURN LANES REQUIRED.

 

(A) Turn lanes for either or both left and/or right turns into a commercial or residential subdivision driveway may be necessary for safety when there are high roadway and/or turning volumes or traffic, when the roadway speeds are moderate or high, or where needed due to limited sight distance.  The final determination for the need, location and design of turn lanes is the responsibility of the NCDOT.

 

(B)  Left and right turn lanes shall be constructed in accordance with state standards and specifications.

 

(C)  Right‑turn lanes should generally be constructed entirely within the frontage of the property being served, since an adjacent property owner might subsequently require an entrance that would otherwise come into the turn lane.


62                                          Camden County - Land Usage

 

 

(D) On an undivided highway with a median width inadequate for a left‑turn, it may be necessary to widen the highway in order to provide for the turn lane.

(Ord. passed 12-15-97)

 

 

§ 151.086  COORDINATION WITH SURROUNDING STREETS.

 

(A) The street system of a development shall be coordinated with existing, proposed and anticipated streets outside the development or out‑side the portion of a single tract that is being divided into lots, hereinafter, surrounding streets, as provided in this section.

 

(B)  Arterial and collector streets shall intersect with surrounding collector or arterial streets at safe and convenient locations.

 

(C)  Local streets shall connect with surrounding streets where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons, but connections shall not be permitted where the effect would be to encourage the use of the streets by substantial through traffic.

 

(D) Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right‑of‑way shall be extended and the street developed to the property line of the property being developed, or to the edge of the remaining undeveloped portion of a single tract, at the point where the connection to the anticipated or proposed street is expected.  In addition, the permit issuing authority may require temporary turnarounds to be constructed at the end of the streets pending their extension when the turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles.

(Ord. passed 12-15-97)

 

 

§ 151.087  RELATIONSHIP OF STREETS TO TOPOGRAPHY.

 

(A) Streets shall be related appropriately to the topography.  In particular, streets shall be designed to facilitate the drainage and storm water runoff objectives set forth in §§ 151.380 through 151.390 and 151.400 through 151.403 and street grades shall conform as closely as practicable to the original topography.

 

(B)  Street grades shall be governed by DOT requirements.

(Ord. passed 12-15-97)

 


                                                    Unified Development                                                 63

 

 

§ 151.088  GENERAL LAYOUT OF STREETS.

 

(A) Cul‑de‑sacs and loop streets are encouraged so that through traffic on residential streets is minimized.  Similarly, to the extent practicable, driveway access to collector streets shall be minimized to facilitate the free flow of traffic and avoid traffic hazards.

 

(B)  All permanent dead‑end streets, as opposed to temporary dead‑end streets, shall be developed as cul‑de‑sacs in accordance with the standards set forth in §§ 151.230 through 151.246, 151.260 through 151.263 and 151.275 through 151.278.

 

(C)  Half streets (such as streets of less than the full required right‑of‑way and pavement width) shall not be permitted, except where the streets, when combined with a similar street, developed previously or simultaneously, on property adjacent to the subdivision, creates or comprises a street that meets the right‑of‑way and pavement requirements of this chapter.

 

(D) Except where no other alternative is reasonably practicable or when necessary to avoid direct access of lots onto arterial streets, streets shall be arranged to avoid double frontage.

(Ord. passed 12-15-97)

 

 

§ 151.089  STREET INTERSECTIONS.

 

(A) (1)  Streets shall intersect as nearly as possible at right angles and no two streets may intersect at less than 60 degrees.

 

(2)  Not more than two streets shall intersect at any one point unless the State Division of Highways certifies to the permit issuing authority that such an intersection can be constructed with no extraordinary danger to public safety.

 

(B)  Whenever possible, proposed intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of the street. In any event, where a center line offset (jog) occurs at an intersection, the distance between centerlines of the intersecting streets shall be not less than 125 feet.

 

(C)  Except when no other alternative is practicable or legally possible, no two streets may intersect with any other street on the same side at a distance of less than 400 feet measured from centerline to centerline of the intersecting street.  When the intersected street is an arterial, the distance between intersecting streets shall be at least 1,000 feet unless no other alternative is practicable.

 

(D) Sight distance triangles are required and will be in accordance with the State Department of Transportation standards.

(Ord. passed 12-15-97)

 


64                                          Camden County - Land Usage

 

 

§ 151.090  CONSTRUCTION STANDARDS AND SPECIFICATIONS.

 

Construction and design standards and specifications for streets, sidewalks and curbs and gutters are referenced or contained in Appendix C to this chapter and all facilities shall be completed in accordance with these standards.

(Ord. passed 12-15-97)

 

 

§ 151.091  PRIVATE STREETS AND PRIVATE ROADS IN SUBDIVISIONS.

 

(A) (1)  Except as otherwise provided in this section, all lots created after the effective date of this section shall abut a public street at least to the extent necessary to comply with the access requirement set forth in § 151.082.

 

(2)  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

PUBLIC STREET.  A pre‑existing public street as well as a street created by the subdivider that meets the public street standards of this chapter and is dedicated for public use.  Unless the recorded plat of a subdivision clearly shows a street to be private, the recording of a plat shall constitute an offer of dedication of the street.

 

(B)  All private streets and roads created hereafter shall be constructed to state standards in all zoning districts, except streets in private access subdivisions.

(Ord. passed 12-15-97)

 

 

§ 151.092  ROAD AND SIDEWALK REQUIREMENTS IN UNSUBDIVIDED DEVELOPMENTS.

 

(A) Within unsubdivided developments, all private roads and accessways shall be designed and constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Specific standards concerning width, use of curb and gutter and paving specifications shall be determined by the provisions of §§ 151.230 through 151.246, 151.260 through 151.263 and 151.275 through 151.278.

 

(B)  Whenever a road in an unsubdivided development connects two or more collector or arterial streets in a manner that any substantial volume of through traffic is likely to make use of this road, the road shall be constructed in accordance with all state standards applicable and shall be dedicated.

 

(C)  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.


                                                    Unified Development                                                 65

 

 

UNSUBDIVIDED DEVELOPMENT.  All construction of structures upon land under common singular ownership where the construction does not involve the sale of individual lots or parcels of land and the streets and ways are intended for use by the public or occupants of the development.  Examples include shopping centers and apartment projects.

(Ord. passed 12-15-97)

 

 

§ 151.093  ATTENTION TO HANDICAPPED IN STREET AND SIDEWALK CONSTRUCTION.

 

(A) As provided in G.S. § 136‑44.14, whenever curb and gutter construction is used on public streets, wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow.  Wheelchair ramps and depressed curbs shall be constructed in accordance with DOT standards.

 

(B)  In unsubdivided developments, sidewalk construction for the handicapped shall conform to the requirements of the State Building Code.

(Ord. passed 12-15-97)

Statutory reference:

Construction requirements for streets and sidewalks, see G.S. § 136‑44.14

 

 

§ 151.094  STREET NAMES AND HOUSE NUMBERS.

 

(A) Street names shall be assigned by the developer subject to the approval of the permit issuing authority.  Proposed streets that are obviously in alignment with existing streets shall be given the same name.  Newly created streets shall be given names that neither duplicate nor are phonetically similar to existing streets within the county, regardless of the use of different suffixes, such as those set forth in division (B) below.

 

(B)  Street names shall include a suffix such as the following:

 

(1)  CIRCLE.  A short street that returns to itself.

 

(2)  COURT or PLACE.  A cul‑de‑sac or dead‑end street.

 

(3)  LOOP.  A street that begins at the intersection with one street and circles back to end at another intersection with the same street.

 

(4)  STREET or ROAD.  All public streets not designated by another suffix.

 

(C)  Appropriate street name signs and stop signs that meet county specifications shall be placed at all intersections by and at the expense of the developer.

 

 

 

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66                                          Camden County - Land Usage

 

 

(D) Street addresses shall be assigned by the county.

 

(E)  No certificate of occupancy may be issued by the Building Inspector until the street number is installed on the structure in accordance with law.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.095  BRIDGES.

 

All bridges shall be constructed in accordance with the standards and specifications of the State Department of Transportation, except that bridges on roads not intended for public dedication may be approved if designed by a state-licensed architect or engineer.

(Ord. passed 12-15-97)

 

 

§ 151.096  UTILITIES.

 

Utilities installed in public rights‑of‑way or along private roads shall conform to the requirements set forth in §§ 151.170 through 151.184.

(Ord. passed 12-15-97)

 

 

 

PARKING REGULATIONS

 

 

§ 151.110  DEFINITIONS.

 

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

CIRCULATION AREA.  The portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot.  Essentially, driveways and other maneuvering areas, other than parking aisles, comprise the circulation area.

 

DRIVEWAY.  The portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

 

GROSS FLOOR AREA.  The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

 

LOADING AND UNLOADING AREA.  The portion of the vehicle accommodation area used to satisfy the requirements of § 151.120.

 

 

 

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                                                    Unified Development                                                 67

 

 

PARKING AREA AISLES.  The portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

 

PARKING SPACE.  A portion of the vehicle accommodation area set for the parking of one vehicle.

 

VEHICLE ACCOMMODATION AREA.  The portion of a lot that is used by vehicles for access, circulation, parking and loading and unloading.  It comprises the total of circulation areas, loading and unloading areas and parking areas, spaces and aisles.

(Ord. passed 12-15-97)

 

 

§ 151.111  NUMBER OF PARKING SPACES REQUIRED.

 

(A) All developments in all zoning districts shall provide the number of parking spaces, as specified in the following table, to accommodate the number of vehicles that are likely to be attracted to the development being proposed.

 

(B)  The presumptions established by this subchapter are that:

 

(1)  A development must comply with the parking standards set forth in the table below to satisfy the requirement stated in division (A) above; and

 

(2)  Any development that does meet these standards is in compliance.  However, the table is only intended to establish a presumption and should be flexibly administered, as provided in § 151.112.

 

(C)  Uses in the table are indicated by a numerical reference keyed to the table of § 151.334.  When determination of the number of parking spaces required by this table results in a requirement of a fractional space, any fraction of one‑half or less may be disregarded, while a fraction in excess of one‑half shall be counted as one parking space.

 

(D) The Board recognizes that the table cannot and does not cover every possible situation that may arise.  Therefore, in cases not specifically covered, the permit issuing authority is authorized to determine the parking requirements using this table as a guide.

 

 

 

 

 

 

 

 

 

 

 

 

 

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68                                          Camden County - Land Usage

 

 

 

Use

 

Description

 

Parking Requirement

 

1.100

 

Single‑family dwelling

 

Two spaces per dwelling unit

 

1.200

 

Two-family and multi-family residences

 

Two spaces per each dwelling unit, except:

1) Use classification 1.220 requires only one space for the accessory apartment

2) If five or more dwelling units share a common parking area, the number of spaces may be reduced by 20%

3) Multi-family units limited to persons of low or moderate income or the elderly required only one space per unit

 

1.400

 

Homes emphasizing special services, treatment or supervision

 

Three spaces for every five beds, except for uses exclusively serving children under 16, in which case, one space for every three beds

 

1.510

 

Rooming houses and boarding houses

 

One space per bedroom

 

1.520

 

Bed and breakfast establishments

 

One space for each room to be rented, plus two spaces for the residential dwelling unit

 

1.530

 

Tourist homes and other temporary residences rented by the day or week

 

One space for each room to be rented, plus two spaces for the residential dwelling unit

 

1.540

 

Hotels, motels and similar businesses

 

One space for each room to be rented, plus two spaces for the residential dwelling unit

 

1.550

 

Hunting and fishing lodges

 

One space for each room to be rented, plus two spaces for the residential dwelling unit

 

1.700

 

Home occupations

 

Four spaces for offices of physicians or dentists; two spaces for attorneys or accountants; one space for all others, plus one space per employee for each use

 

2.111

 

Convenience stores

 

One space per 150 square feet of gross floor area

 

2.112

 

Other high volume traffic generation, with no storage of display outside a fully enclosed building

 

One space per 200 square feet of gross floor area

 

2.120

 

Low volume traffic generation, with no storage or display outside a fully enclosed building

 

One space per 400 square feet of gross floor area

 

2.130

 

Wholesale sales, with no storage or display outside a fully enclosed building

 

One space per 400 square feet of gross floor area


                                                    Unified Development                                                 69

 

 

 

Use

 

Description

 

Parking Requirement

 

2.210

 

High volume traffic generation, with storage and display of goods outside a fully enclosed building

 

One space per 200 square feet of gross floor area

 

2.220

 

Low volume traffic generation, with storage and display of goods outside a fully enclosed building

 

One space per 400 square feet of gross floor area

 

2.230

 

Wholesale sales, with storage and display of goods outside a fully enclosed building

 

One space per 400 square feet of gross floor area

 

2.300

 

Shopping center

 

One space per 200 square feet of gross floor area for 80% of the building

 

3.110

 

Operations designed to attract and serve customers or clients on the premises, conducted entirely within a fully enclosed building

 

One space per 200 square feet of gross floor area

 

3.120

 

Operations designed to attract little or no customer or client traffic other than employees of the entity operating the principal use, conducted entirely within a fully enclosed building

 

One space per 400 square feet of gross floor area

 

3.130

 

Offices or clinics of physicians or dentists with not more than 10,000 square feet of gross floor area, conducted entirely within a fully enclosed building

 

One space per 150 square feet of gross floor area

 

3.140

 

Governmental offices and buildings

 

One space per 200 square feet of gross floor area used by the public

 

3.210

 

Operations designed to attract and serve customers or clients on the premises, conducted entirely within a fully enclosed building

 

One space per 200 square feet of gross floor area

 

3.220

 

Operations designed to attract little or no customer or client traffic other than the employees operating the principal use, conducted within a fully enclosed building

 

One space per 400 square feet of gross floor area


70                                          Camden County - Land Usage

 

 

 

Use

 

Description

 

Parking Requirement

 

2.230

 

Banks with drive-through windows

 

One space per 200 square feet of area within the main building, plus reservoir land capacity equal to five spaces per window; ten spaces if the window serves two stations

 

4.110

 

Majority of dollar volume business done with walk-in trade, conducted entirely within a fully enclosed building

 

One space per 400 square feet of gross floor area

 

4.120

 

Majority of dollar volume business not done with walk-in trade, conducted entirely within a fully enclosed building

 

One space for every two employees on the maximum shift, except that if permissible in the commercial districts, the uses may provide one space per 200 square feet of gross floor area

 

4.200

 

Operations conducted within or outside a fully enclosed building

 

One space for every two employees on the maximum shift, except that if permissible in the commercial districts, the uses may provide one space per 200 square feet of gross floor area

 

5.100

 

Elementary and secondary schools

 

One and three-quarters spaces per classroom in elementary schools; five spaces per classroom for high schools

 

5.120

 

Trade or vocational schools

 

One space per 100 square feet of gross floor area

 

5.130

 

Colleges and community colleges

 

One space per 150 square feet of gross floor area

 

5.200

 

Churches, synagogues and temples

 

One space for every four seats in the portion of the building to be used for services, plus spaces for any residential use as determined in accordance with the parking requirements set forth above for residential uses; all vehicular areas, excluding handicapped spaces, may be unimproved, provided that they are properly graded

 

5.300

 

Libraries, museums, art galleries and similar institutions

 

One space per 300 square feet of gross floor area

 

5.400

 

Social, fraternal clubs and lodges, union halls and similar uses

 

One space per 300 square feet of gross floor area

 

6.110

 

Bowling alleys, skating rinks, indoor tennis and racquetball courts, billiards and pool halls, indoor athletic and exercise facilities

 

One space for every three persons that the facilities are designed to accommodate fully utilized, if they can be measured in such a fashion, plus one space per 200 square feet of gross floor area used in a manner not susceptible to the calculation

 

6.120

 

Movie theaters

 

One space for every four seats


                                                    Unified Development                                                 71

 

 

 

Use

 

Description

 

Parking Requirement

 

6.210

 

Privately- and publically-owned outdoor recreational facilities

 

One space for per 200 square feet of area within enclosed buildings, plus one space for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity

 

6.230

 

Miniature golf course, skateboard park, water slide and similar uses

 

One space per 300 square feet of area, plus one space per 200 square feet of building gross floor area

 

Driving range

 

One space per tee, plus one space per 200 square feet of building gross floor area

 

Par three course

 

Two spaces per golf hole, plus one per 200 square feet of building gross floor area

 

6.240

 

Horseback riding stables

 

One space per horse that could be kept at the stable when occupied to maximum capacity

 

6.250

 

Automobile and motorcycle racing tracks

 

One space for every three seats

 

6.260

 

Drive-in movie theaters

 

One space per speaker outlet

 

6.270

 

Private campgrounds

 

One space per campsite

 

6.280

 

Petting zoo

 

One space per 200 square feet of area within enclosed buildings, plus one space for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity

 

6.290

 

Recreational grounds

 

One space per cottage, cabin or dormitory room, plus one space for each tent site

 

6.300

 

Outdoor shooting range

 

One space per target area

 

7.100

 

Hospitals, clinics or other medical treatment facilities in excess of 10,000 square feet of floor area

 

Two spaces per bed or one space per 150 square feet of gross floor area, whichever is greater

 

7.200

 

Nursing care institutions, handicapped or infirm institutions, child care institutions

 

Three spaces for every five beds; multi-family units developed or sponsored by public or non-profit agencies for limited income families or the elderly require only one space

 

7.300

 

Institutions, other than halfway houses, where mentally ill persons are confined

 

One space for every two employees on maximum shift

 

7.400

 

Penal and correctional facilities

 

One space for every two employees on maximum shift


72                                          Camden County - Land Usage

 

 

 

Use

 

Description

 

Parking Requirement

 

8.110

 

Restaurants, with no substantial carry-out or delivery service, no service or consumption outside a fully enclosed building

 

One space per three seats, plus one space per two employees on the maximum shift

 

8.120

 

Restaurants, with no substantial carry-out or delivery service and no drive-in service, with service or consumption outside a fully enclosed building

 

One space per three seats, plus one space per two employees on the maximum shift, plus one space for every four outside seats

 

8.130

 

Restaurants, with substantial carry-out or delivery service, service or consumption outside a fully enclosed building

 

One space per three seats, plus one space per two employees on the maximum shift, plus one space for every four outside seats

 

8.140

 

Restaurants, with carry-out or delivery service and drive-in service, with service or consumption outside a fully enclosed building

 

One space per three seats, plus one space per two employees on the maximum shift, plus one space for every four outside seats, plus three stacking spaces at the pick-up window and five stacking spaces at the order board located so as to minimize interference with other pedestrian and vehicular areas

 

8.200

 

Dance halls, bars and nightclubs

 

One space per 100 square feet of gross floor area, plus one space for every four outdoor seats

 

9.100

 

Motor vehicle and boat sales, rentals or services

 

One space per 200 square feet of gross floor area

 

9.200

 

Automobile service stations

 

One space per 150 square feet of gross floor area

 

9.300

 

Gas sales operations

 

One space per 200 square feet of gross floor area of the building devoted primarily to gas sales operation, plus sufficient parking area to accommodate vehicles at pumps without interfering with other parking spaces

 

9.400

 

Automobile repair or body shop

 

One space per 150 square feet of gross floor area

 

9.500

 

Car wash

 

1) Conveyor type:  one space for every three employees on the maximum shift, plus reservoir capacity equal to five times the capacity of the washing operation

2) Self-service type:  two spaces for drying and cleaning purposes per stall, plus two reservoir spaces in front of each stall


                                                    Unified Development                                                 73

 

 

 

Use

 

Description

 

Parking Requirement

 

10.200

 

Storage and parking; storage goods not related to sale or use of those goods on the same lot where they are stored

 

One space for every two employees on the maximum shift, but not less than one space per 5,000 square feet of area devoted to storage, whether inside or outside

 

11.000

 

Scrap materials salvage yards, junkyards and automobile graveyards

 

One space per 200 square feet of building gross floor area

 

12.000

 

Services and enterprises related to animals

 

One space per 200 square feet of building gross floor area

 

13.000

 

Emergency services

 

One space per 200 square feet of building gross floor area

 

14.000

 

Agricultural, silvicultural, mining and quarrying operations

 

One space for every two employees on maximum shift

 

15.100

 

Post offices

 

One space per 200 square feet of building gross floor area

 

15.200

 

Airports and airstrips

 

One space per 200 square feet of building gross floor area

 

15.300

 

Sanitary landfill

 

One space for every two employees on maximum shift

 

15.400

 

Demolition landfill

 

One space per 100 square feet of building gross floor area

 

15.600

 

ABC store

 

One space per 150 square feet of building gross floor area

 

16.000

 

Dry cleaner and laundromat

 

One space per 200 square feet of building gross floor area

 

19.000

 

Open air markets

 

One space per 1,000 square feet of lot area used for storage, display and sales

 

20.000

 

Funeral homes

 

One space per 100 square feet of building gross floor area

 

21.200

 

Cemetery on same property as church

 

One space per 200 square feet of building gross floor area

 

22.000

 

Nursery schools and day-care centers

 

One space per employee, plus one space per 400 square feet of gross floor area; in addition, a stacking or drop-off lane equal to 22 linear feet for every two children must be provided

 

23.000

 

Temporary construction and sales office

 

One space per employee, plus one space per 200 square feet of building gross floor area

 

 

 

2003 S-1


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Use

 

Description

 

Parking Requirement

 

25.000

 

Commercial greenhouse or nursery

 

One space per 200 square feet of building gross floor area

 

30.000

 

Stockyards, slaughterhouses and rendering plants

 

One space per 200 square feet of building gross floor area

 

31.000

 

Agribusiness uses

 

One space per 400 square feet of building gross floor area

 

35.000

 

Adult and sexually-oriented businesses

 

One space per 100 square feet of building gross floor area

 

(E)  The minimum number of parking spaces required for a combined commercial and residential use in the CCD may be reduced by up to 25% if the approving authority finds that the structure does not lend itself to needing all of the required commercial and residential parking spaces at all times during the day and night.     

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.112  FLEXIBILITY IN ADMINISTRATION REQUIRED.

 

(A) The Board recognizes that, due to the particularities of any given development, the inflexible application of the parking standards set forth in the table of § 151.111 may result in a development either with inadequate parking spaces or parking spaces far in excess of its needs.  The former situation may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots.  The latter situation results in a waste of money as well as a waste of space that could more desirably be used for valuable development or environmentally useful open space.  Therefore, as suggested in the table of § 151.111, the permit issuing authority may permit deviations from the presumptive requirements of the table of § 151.111 and may require more parking or allow less parking whenever it finds that the deviations are more likely to satisfy the standard set forth in § 151.111.

 

(B)  The permit issuing authority may allow deviations from the parking requirements set forth in the table of § 151.111 when it finds that:

 

(1)  A residential development is irrevocably oriented toward the elderly; or

 

(2)  A business or recreational facility is primarily oriented to walk‑in trade or is closed to the general public.

 

(C)  Whenever the permit issuing authority allows or requires a deviation from the presumptive parking requirements set forth in the table of § 151.111, it shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation.

 

 

 

2003 S-2


                                                    Unified Development                                                 75

 

 

(D) If the permit issuing authority concludes, based upon information it receives in the consideration of a specific development proposal, that the presumption established by § 151.111 for a particular use classification is erroneous, it shall initiate a request for an amendment to the table of § 151.111 in accordance with the procedures set forth in §§ 151.580 through 151.586.

(Ord. passed 12-15-97)

 

 

§ 151.113  PARKING SPACE DIMENSIONS.

 

(A) Subject to divisions (B) and (C) below, each parking space shall contain a rectangular area at least 20 feet long and ten feet wide.  Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required by this section.  Where wheel stops or curbing exists, a two-foot bumper overhang credit will be given provided that area is clear from obstruction.

 

(B)  In parking areas containing ten or more parking spaces up to 20% of the parking spaces need to contain a rectangular area of only 7½ feet in width by 15 feet in length.  If the spaces are provided, they shall be conspicuously designated as reserved for small or compact cars only.

 

(C)  Wherever parking areas consist of spaces set aside for parallel parking, the dimensions of the parking spaces shall be not less than 22 feet by 9 feet.

(Ord. passed 12-15-97)

 

 

§ 151.114  REQUIRED WIDTHS OF PARKING AREA AISLES AND DRIVEWAYS.

 

(A) Parking area aisle widths shall conform to the following table, which varies the width requirement according to the angle of parking.

 

 

Required Aisle Width

 

Parking Stall Angle

 

 

 

0

 

30

 

45

 

60

 

90

 

One-way traffic

 

13 feet

 

14 feet

 

15 feet

 

18 feet

 

24 feet

 

Two-way traffic

 

19 feet

 

20 feet

 

21 feet

 

23 feet

 

24 feet

 

(B)  (1)  Driveways shall be not less than 10 feet in width for one way traffic and 18 feet in width for two-way traffic.  However, 10-foot wide driveways are permissible for two‑way traffic when:

 

(a)  The driveway is not longer than 75 feet;


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(b)  It provides access to not more than six spaces; and

 

(c)  Sufficient turning space is provided so that vehicles need not back into a public street.

 

(2)  Further, ten-foot wide driveways may be permitted for two‑way traffic if the Administrator determines that not more than ten trips per day will be generated to and from the vehicular area being served by that driveway and the vehicular area is not used by the general public.

 

(C)  The provisions of this section shall apply so long as they do not conflict with any fire safety regulations.

(Ord. passed 12-15-97)

 

 

§ 151.115  GENERAL DESIGN REQUIREMENTS.

 

(A) Unless no other practicable alternative is available, vehicle accommodation areas shall be designed so that, without resorting to extraordinary movements, vehicles may exit the areas without backing onto a public street.  This requirement does not apply to parking areas consisting of driveways that serve one or two dwelling units, although backing onto arterial streets is discouraged.

 

(B)  Vehicle accommodation areas of all developments shall be designed so that sanitation, emergency and other public service vehicles can serve the developments without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.

 

(C)  Every vehicle accommodation area shall be designed so that vehicles cannot extend beyond the perimeter of the area onto adjacent properties or public rights‑of‑way.  The areas shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation or other obstruction.

 

(D) Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas.

 

(E)  Minor deviations to the provisions of §§ 151.113 and 151.114 may be permitted to achieve one or more goals established in these regulations, provided the vehicle accommodation area substantially meets the intentions of those sections.  By illustration, if significant vegetation on a site can be preserved by having parking spaces nine feet in width, then the aisle width can be increased by two feet to ensure proper vehicular movement area.

(Ord. passed 12-15-97)

 


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§ 151.116  VEHICLE ACCOMMODATION AREA SURFACES.

 

(A) Vehicle accommodation areas shall be graded and surfaced with asphalt, concrete, crushed stone, gravel or other suitable material, as deemed appropriate by the county, that will provide equivalent protection against potholes, erosion and dust.  Specifications for surfaces are contained in Appendix D to this chapter.

 

(B)  When crushed stone, gravel, or other suitable material is used, the perimeter of the vehicular areas shall be defined by bricks, stones, railroad ties or other similar devices.  However, delineation is not required where vehicular areas are to be used exclusively by employees of the business in question and/or for deliveries and are not intended for use by the general public.  In addition, whenever a vehicle accommodation area abuts a paved street, the driveway leading from the street to the area (or, if there is no driveway, the portion of the vehicle accommodation area that opens onto the streets), shall be surfaced with asphalt or six inches of concrete for a distance of 15 feet back from the edge of the paved street.  This division shall not apply to single‑family or two‑family residences or other uses that are required to have only one or two parking spaces.

 

(C)  Parking spaces shall be appropriately demarcated with wheel stops, painted lines, landscape timbers, railroad ties or other markings.  Where applicable, all handicapped parking spaces shall be marked in accordance with state law.

 

(D) Vehicle accommodation areas shall be properly maintained in all respects.  In particular, vehicle accommodation area surfaces shall be kept in good condition (free from potholes, weeds and the like) and parking space lines or markings shall be kept clearly visible and distinct.

 

(E)  Where existing vehicular accommodation area surfaces do not conform to the provisions of this section, the following shall apply:

 

(1)  Whenever a use changes, and the new use's classification is the same or lower than the previous use's land classification, then the new use shall comply with all the provisions of this section, except driveway improvements; and

 

(2)  Whenever a use changes, and the new use's classification is higher than the previous use's land classification, then the new use shall comply with all the provisions of this section.

(Ord. passed 12-15-97)

 

 

§ 151.117  JOINT USE OF REQUIRED PARKING SPACES.

 

(A) One parking area may contain required spaces for several different uses, but except as otherwise provided in this section, the required space assigned to one use may not be credited to any other use.


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(B)  To the extent that developments that wish to make joint use of the same parking spaces operate at different times, the same spaces may be credited to both uses.  For example, if a parking lot is used in connection with an office building on Monday through Friday, but is generally 90% vacant on weekends, another development that operates only on weekends could be credited with 90% of the spaces on that lot.  Or, if a church parking lot is generally occupied only to 50% of capacity on days other than Sunday, another development could make use of 50% of the church lot's spaces on those other days.

 

(C)  If the joint use of the same parking spaces by two or more principal uses involves satellite parking spaces, then the provisions of § 151.118 are also applicable.

(Ord. passed 12-15-97)

 

 

§ 151.118  SATELLITE PARKING.

 

(A) If the number of off‑street parking spaces required by this chapter cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located, then spaces may be provided on adjacent or nearby lots in accordance with the provisions of this section. These off‑site spaces are referred to in this section as satellite parking spaces.

 

(B)  All satellite parking spaces, except spaces intended for employee use, must be located within 300 feet of a public entrance of a principal building housing the use associated with the parking or within 300 feet of the lot on which the use associated with the parking is located if the use is not housed within any principal building.  Satellite parking spaces intended for employee use must be located within 500 feet of the building.

 

(C)  The developer wishing to take advantage of the provisions of this section must present satisfactory written evidence that he or she has the permission of the owner or other person in charge of the satellite parking spaces to use the spaces.  The developer must also sign an acknowledgment that the continuing validity of his or her permit depends upon his or her continuing ability to provide the requisite number of parking spaces.

 

(D) Persons who obtain satellite parking spaces in accordance with this section shall be held accountable for ensuring that the satellite parking areas from which they obtain their spaces satisfy the design requirements of this subchapter.

(Ord. passed 12-15-97)

 

 

§ 151.119  SPECIAL PROVISIONS FOR LOTS WITH EXISTING BUILDINGS.

 

(A) (1)  Whenever there exists a lot with one or more structures on it constructed before the effective date of this chapter, a change in use that does not involve any enlargement of a structure is proposed for the lot and the parking requirements of § 151.111 that would be applicable as a result of


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the proposed change cannot be satisfied on the lot because there is not sufficient area available on the lot that can practicably be used for parking, then the developer need only comply with the requirements of § 151.118 to the extent that parking space is practicably available on the lot where the development is located and satellite parking space is not reasonably available as provided in § 151.111.

 

(2)  However, if satellite parking subsequently becomes reasonably available, then it shall be a continuing condition of the permit authorizing development on the lot that the developer obtain satellite parking when it does become available.

 

(B)  Where existing parking setbacks are not met and a change of use occurs, the existing nonconforming parking may continue to be utilized to satisfy the off‑street parking requirements provided all new parking established complies with this subchapter.

(Ord. passed 12-15-97)

 

 

§ 151.120  LOADING AND UNLOADING AREAS.

 

(A) Subject to division (E) below, whenever the normal operation of any development requires that goods, merchandise or equipment be routinely delivered to or shipped from that development, a sufficient off‑street loading and unloading area must be provided in accordance with this section to accommodate the delivery or shipment operations in a safe and convenient manner.

 

(B)  (1)  The loading and unloading area must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area, given the nature of the development in question.

 

(2)  The following table indicates the number and size of spaces that, presumptively, satisfy the standard set forth in this division.

 

(3)  However, the permit issuing authority may require more or less loading and unloading area if reasonably necessary to satisfy the foregoing standard.

 

 

Gross Leasable Area of Building

 

Number of Spaces with Minimum Dimensions of 12x55 Feet and Clearance of 14 Feet from Street Grade

 

1,000 ‑ 19,999

 

1

 

20,000 ‑ 79,999

 

2

 

80,000 ‑ 127,999

 

3

 

128,000 ‑ 191,000

 

4


80                                          Camden County - Land Usage

 

 

 

Gross Leasable Area of Building

 

Number of Spaces with Minimum Dimensions of 12x55 Feet and Clearance of 14 Feet from Street Grade

 

192,000 ‑ 255,999

 

5

 

256,000 ‑ 319,999

 

6

 

320,000 ‑ 391,999

 

7

 

NOTE TO TABLE:

Plus one for each additional 72,000 square feet or fraction thereof

 

(C)  Loading and unloading areas shall be so located and designed that the vehicles intended to use them can:

 

(1)  Maneuver safely and conveniently to and from a public right-of-way; and

 

(2)  Complete the loading and unloading operations without obstructing or interfering with any public right‑of‑way or any parking space or parking lot aisle.

 

(D) Where conditions allow, during off‑peak hours and in isolated areas of the parking lot, loading and unloading may be permitted in areas allocated to satisfy off‑street parking requirements.

 

(E)  Whenever there exists a lot with one or more structures on it constructed before the effective date of this chapter, a change in use that does not involve any enlargement of a structure is proposed for the lot and the loading area requirements of this section cannot be satisfied because there is not sufficient area available on the lot that can practicably be used for loading and unloading, then the developer need only comply with this section to the extent reasonably possible.

(Ord. passed 12-15-97)

 

 

§ 151.121  NO PARKING INDICATED NEAR FIRE HYDRANTS.

 

Whenever a fire hydrant is located adjacent to any portion of a vehicle accommodation area required to be paved, the pavement shall be clearly marked to indicate that parking within 15 feet of the hydrant is prohibited.

(Ord. passed 12-15-97)


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§ 151.122  HANDICAPPED PARKING.

 

Provisions relating to parking for the handicapped shall be as set by the County Board of Commissioners as necessary.

(Ord. passed 12-15-97)

 

 

§ 151.123  DRIVEWAYS.

 

(A) All driveway entrances and other openings onto streets shall be constructed so that:

 

(1)  Vehicles can enter and exit from the lot in question without posing any substantial danger to themselves, pedestrians or vehicles traveling in abutting streets; and

 

(2)  Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized.

 

(B)  Specifications for driveway entrances shall be in accordance with all applicable state regulations hereby adopted by reference in Appendix B to this chapter unless otherwise provided.

 

(C)  A sight‑distance triangle of ten feet by 35 feet shall occur where vehicular areas intersect with street rights-of-way.  Within site‑distance triangles, nothing over 24 inches in height shall be located.

(Ord. passed 12-15-97)

 

 

 

LANDSCAPING REQUIREMENTS

 

 

§ 151.135  BOARD FINDINGS CONCERNING THE NEED FOR LANDSCAPING REQUIREMENTS.

 

The Board finds that:

 

(A) Landscaping between two lots lessens the transmission from one lot to another of noise, dust and glare;

 

(B)  Landscaping can lessen the visual pollution that may otherwise occur;  (Even minimal landscaping can provide an impression of separation of spaces and more extensive screening can shield entirely one use from the visual assault of an adjacent use.)

 

(C)  Landscaping can establish a greater sense of privacy from visual or physical intrusion, the degree of privacy varying with the intensity of the screening;


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(D) Landscaping provisions encourages the preservation of existing trees and vegetation;

 

(E)  Landscaping safeguards and enhances property values and is important to stabilizing the ecological balance of the county; and

 

(F)  The provisions of this part are necessary to safeguard the public health, safety and welfare.

(Ord. passed 12-15-97)

 

 

§ 151.136  GENERAL LANDSCAPING STANDARD.

 

(A) Every property owner in the county is responsible for the general upkeep and appearance of their property, including, but not limited to keeping grass mowed, preventing trash and litter from collecting and general neatness.  In no event may the grass or weeds on any portion of a lot, which is not used for active farming or woodlands, located within 500 feet of a residence exceed the height of 12 inches.  This height limitation shall exclude that portion of a property that is actively engaged in farming or woodlands.  If for any reason the appearance of a property, vacant or developed, becomes unsafe, unhealthy or fails to comply with the above standard, the county may arrange to have the property cleaned and then bill the property owner for the work performed.

 

(B)  Every development shall provide sufficient landscaping so that:

 

(1)  Neighboring properties are shielded from any adverse external effects of that development; and

 

(2)  The development is shielded from the negative impacts of adjacent uses such as streets or railroads.

 

(C)  Landscaping shall be located and maintained so as not to interfere with vehicular and pedestrian traffic.

(Ord. passed 12-15-97; Am. Ord. passed 1-24-00; Am. Ord. passed 5-15-01)

 

 

§ 151.137  COMPLIANCE WITH LANDSCAPING STANDARD.

 

(A) To determine required landscaping, the following steps shall be taken:

 

(1)  Identify the classification of the proposed land use and all adjacent land uses listed in § 151.138;

 

(2)  Use the table of § 151.139 to determine the appropriate letter designation for each abutting yard;


                                                    Unified Development                                                 83

 

 

(3)  Match the letter designation obtained from the table of § 151.139 with § 151.140 to determine the required landscaping; and

 

(4)  Landscaping requirements established in this subchapter and §§ 151.155 through 151.159 apply to all land uses, except where specific landscaping requirements are established for certain uses elsewhere in these regulations, such as shopping centers.

 

(B)  The table set forth in § 151.139, in conjunction with the explanations in § 151.140 concerning the types of landscaping, establishes suggested landscaping requirements that, presumptively, satisfy the general standards established in § 151.136.  However, this table is only intended to establish a presumption and should be flexibly administered in accordance with § 151.141.

 

(C)  If, when the analysis described in division (A) above indicates that landscaping is required for an existing use, but the required landscaping is not in place, then this lack of screening shall constitute a nonconforming situation, subject to all the provisions of §§ 151.360 through 151.368.

(Ord. passed 12-15-97)

 

 

§ 151.138  LANDSCAPING LAND USE CLASSIFICATION.

 

Below are the classifications of land uses that will determine the required landscaping established in § 151.139.

 

(A) Classification I.  Single‑family dwellings (1.100); family-care homes (1.450); golf courses (6.210 and 6.220, partial); nature areas; wildlife sanctuaries and accessory uses including recreation and storage; towers and related structures (18.000); and crabshedding operated in a residential zoning district (24.000, partial).

 

(B)  Classification II.  Two‑family residences (1.200); multi‑family residences (1.300); homes emphasizing special services/treatment of supervision (1.400), excluding family care homes; rooming/ boarding house (1.510); bed and breakfast (1.520); tourist home (1.530); hunting and fishing lodge (1.550); educational, cultural, religious, philanthropic, social fraternal uses (5.000); publicly or privately owned outdoor recreation facilities (6.210, 6.220 only); cemetery and crematorium (21.000); and commercial greenhouse or nursery (25.000).

 

(C)  Classification III.  Hotels and motels  (1.540); sales and rental of goods, merchandise and equipment (2.000); office, clerical, research and services not primarily related to goods or merchandise (3.000); manufacturing, processing, creating, repairing, renovating, painting, cleaning, assembling of goods, merchandise and equipment (4.000, partial) excluding uses listed in § 151.328; indoor recreation (6.110, 6.120); golf driving range not accessory to golf course, par three golf courses and the like (6.230); horse riding stables not accessory to residential development unless located on exterior of development (6.240); drive‑in movie theaters (6.260); private campgrounds (6.270); petting zoo (6.280);


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institutional residences or care or confinement facilities (7.000); restaurants, dance halls, bars nightclubs (8.000); motor vehicle and boat related sales and service operations (9.000); storage and parking (10.000); services and enterprises related to animals (12.000); emergency services (13.000); agricultural operations (14.100); silvicultural operations (14.200); post office (15.100); airports and airstrips (15.200); dry cleaner and laundromat (16.000); utility facilities (17.000); open air markets (19.000); funeral home (20.000); nursery school, day-care centers (22.000); crabshedding not operated in a residential zoning district (24.000, partial); off‑premise signs (28.000); agribusiness uses (31.000); and miscellaneous water related uses (32.000).

 

(D) Classification IV.  Manufacturing, processing, creating, repairing, renovating, painting, cleaning, assembling of goods, merchandise and equipment (4.000, partial), including only those uses listed in § 151.328; automobile and motorcycle racing tracts (6.250); scrap materials, salvage yards, junkyards and automobile graveyards (11.000); mining or quarrying operations, including on‑site sales of products (14.300); reclamation landfill (14.400); sanitary landfill (15.300); demolition landfill (15.400); incinerators (15.500); stockyards, slaughter houses, rendering plants (30.000); and adult businesses and sexually-oriented businesses (35.000).

(Ord. passed 12-15-97)

 

 

§ 151.139  TABLE OF LANDSCAPING REQUIREMENTS.

 

Below is the table of landscaping requirements used to determine landscaping between adjacent land uses.

 

 

Proposed Land Use Classes

 

Adjacent Permitted Land Use Classes

 

Adjacent Zone with Nonconforming Use

 

Adjacent Public or Private Street

 

Railroad

 

I

 

II

 

III

 

IV

 

Residential

 

Non-Residential

 

II

 

A

 

B

 

C

 

C

 

B

 

C

 

C

 

C

 

III

 

A

 

A

 

C

 

C

 

B

 

C

 

C

 

C

 

IV

 

A

 

A

 

B

 

C

 

A

 

B

 

A

 

C

 

(Ord. passed 12-15-97)

 

 

§ 151.140  DESCRIPTIONS OF LANDSCAPING.

 

The following three basic types of landscaping are hereby established and are used as the basis for the table of § 151.139.


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(A) Opaque Landscaping, Type “A.”  The requirements of this section may be met by establishment of a vegetative buffer, landscaped earth berm, planted vegetation or existing vegetation, which may or may not be augmented by a fence or wall, 25 feet in width forming a screen described as follows.

 

(1)  Landscaping that is opaque from the ground to a height of at least 6 feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet.  An opaque landscaping is intended to exclude completely all visual contact between uses and to create a strong impression of spatial separation.  The opaque landscaping may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation.  Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species or field observation of existing vegetation.  The opaque portion of the screen must be opaque in all seasons of the year.  At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten feet wide.  The portion of intermittent visual obstructions may contain deciduous plants.  Below is a suggested guideline for developers.

 

(2)  When a fence or wall is used to augment a vegetative buffer, the wall or fence shall:

 

(a)  Not be a part of any building or structure;

 

(b)  Must be constructed so a person can not see through it, visually opaque; and

 

(c)  Must comply with the following appearance criteria:

 

1.   Must be constructed of new uniform materials from end to end and from top to bottom so as to present a uniform appearance;

 

2.   Must be constructed so as to be sturdy enough to withstand storm wind loads and the general destructive tendencies of annual weather patterns;

 

3.   Must be constructed so as to be expected to have a useful life of ten years or more;

 

4.   Must be maintained in a constant state of good repair;

 

5.   Must be constructed of materials and in a manner generally accepted as proper in the building industry or by State Building Codes; and

 

6.   Fences of the chain link type with plastic inserts or filler strips shall not comply with this section unless deemed appropriate by the Zoning Administrator.

 

(B)  Semi‑Opaque Landscaping, Type “B.”

 

(1)  Landscaping that is 50% opaque from the ground to a height of 3 feet, with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet.  The semi‑opaque


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landscaping is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces.  The semi‑opaque landscaping may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation.  Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation.

 

(2)  At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 20 feet wide.  The zone of intermittent visual obstruction may contain deciduous plants.  The following are suggested planting patterns which will achieve this standard.

 

(C)  Broken Landscaping, Type “C.”  A landscaping composed of intermittent visual obstructions from the ground to a height of at least 20 feet.  The broken landscaping is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species or field observation of existing vegetation.  The screen may contain deciduous plants.  The following are suggested planting patterns which will achieve this standard.

(Ord. passed 12-15-97)

 

 

§ 151.141  FLEXIBILITY IN ADMINISTRATION REQUIRED.

 

(A) (1)  The Board recognizes that, because of the wide variety of types of developments and the relationships between them, it is neither possible nor prudent to establish inflexible landscaping requirements.

 

(2)  Therefore, as provided in § 151.137, the permit issuing authority may permit deviations from the presumptive requirements of § 151.139 and may require either more intensive or less intensive landscaping whenever it finds such deviations are more likely to satisfy the standard set forth in § 151.136 without imposing unnecessary costs on the developer.

 

(B)  Without limiting the generality of division (A) above, the permit issuing authority may modify the presumptive requirements for:

 

(1)  Commercial developments located adjacent to residential uses in business zoning districts; and

 

(2)  Commercial uses located adjacent to other commercial uses within the same zoning district.


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(C)  Whenever the permit issuing authority allows or requires a deviation from the presumptive requirements set forth in § 151.139, it shall enter on the face of the permit the landscaping requirement that it imposes to meet the standard set forth in § 151.136 and the reasons for allowing or requiring the deviation.

 

(D) If the permit issuing authority concludes, based upon information it receives in the consideration of a specific development proposal, that a presumption established by § 151.139 is erroneous, it shall initiate a request for an amendment to the suggested requirements of § 151.139 in accordance with the procedures set forth in §§ 151.580 through 151.586.

(Ord. passed 12-15-97)

 

 

§ 151.142  COMBINATION USES.

 

(A) In determining the landscaping requirements that apply between a combination use and another use, the permit issuing authority shall proceed as if the principal uses that comprise the combination use were not combined and reach its determination accordingly, relying on the table set forth in § 151.139 interpreted in the light of § 151.140.

 

(B)  When two or more principal uses are combined to create a combination use, landscaping shall not be required between the component principal uses unless they are clearly separated physically and screening is determined to be necessary to satisfy the standard set forth in § 151.136.

(Ord. passed 12-15-97)

 

 

§ 151.143  SUBDIVISIONS.

 

When undeveloped land is subdivided and undeveloped lots only are sold, the subdivider shall not be required to install any landscaping.  Screening shall be required, if at all, only when the lots are developed, and the responsibility for installing the screening shall be determined in accordance with the other requirements hereof.

(Ord. passed 12-15-97)

 

 

§ 151.144  NONCONFORMING LANDSCAPING.

 

When a change in use occurs and the new use is the same or lower land use classification then the previous use as found in § 151.138, then the applicant shall not be required to bring the landscaping into compliance with this subchapter and §§ 151.155 through 151.159.  When a change in use occurs and the new use is a higher land use classification then the previous use as found in § 151.138, then the applicant shall comply to the extent reasonable with the provisions of this subchapter and §§ 151.155 through 151.159.

(Ord. passed 12-15-97)

 


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§ 151.145  MINIMUM PLANTING HEIGHTS.

 

(A) Landscaping required by this subchapter, including shading provisions listed in §§ 151.155 through 151.159, shall be planted in accordance with the following minimum planting heights:

 

(1)  Large trees:  four feet;

 

(2)  Small trees:  three feet; and

 

(3)  Shrubs:  one foot.

 

(B)  The Administrator may allow a reduction in the planting heights listed above along an adjoining vacant property line or where smaller planting heights is deemed best in light of the plant materials chosen.

(Ord. passed 12-15-97)

 

 

 

SHADING REQUIREMENTS

 

 

§ 151.155  BOARD FINDINGS AND DECLARATIONS OF POLICY ON SHADE TREES.

 

(A) The Board finds that:

 

(1)  Trees are proven producers of oxygen, a necessary element for human survival;

 

(2)  Trees appreciably reduce the ever‑increasing, environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air;

 

(3)  Trees transpire considerable amounts of water each day and thereby purify the air much like the air‑washer devices used on commercial air conditioning systems;

 

(4)  Trees have an important role in neutralizing waste water passing through the ground from the surface to ground water tables and lower aquifers;

 

(5)  Trees, through their root systems, stabilize the ground water tables and play an important and effective part in soil conservation, erosion control and flood control;

 

(6)  Trees are an invaluable physical, aesthetic and psychological counterpoint to a developed setting, making life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare and breaking the monotony of human developments on the land, particularly parking areas; and


                                                    Unified Development                                                 89

 

 

(7)  For the reasons indicated in division (A)(6) above, trees have an important impact on the desirability of land and therefore on property values.

 

(B)  Based upon the findings set forth in division (A) above, the Board declares that it is not only desirable, but essential to the health, safety and welfare of all persons living or working within the county to protect certain existing trees and, under the circumstances set forth in this subchapter and §§ 151.135 through 151.145, to require the planting of new trees in certain types of developments.

 

(C)  Shade trees shall be located and maintained so as not to interfere with vehicular and pedestrian traffic.

(Ord. passed 12-15-97)

 

 

§ 151.156  REQUIRED TREES ALONG DEDICATED STREETS.

 

Along both sides of all newly created streets that are constructed in accordance with the public street standards set forth in §§ 151.080 through 151.096, the developer shall either plant or retain sufficient trees so that, between the paved portion of the street and a line running parallel to and 50 feet from the centerline of the street, there is for every 50 feet of street frontage at least an average of one small deciduous, native pine or small cedar tree or, for every 100 feet of street frontage at least an average of one deciduous, native pine or large cedar tree.  When trees are planted by the developer pursuant to this section, the developer shall choose trees that meet the suggested standards set forth in Appendix E to this chapter.

(Ord. passed 12-15-97)

 

 

§ 151.157  RETENTION AND PROTECTION OF LARGE TREES.

 

If, during the development of a property, any tree with a diameter of 18 or more inches is lost, destroyed or significantly damaged, the developer shall be responsible for the replacement value of that trees(s).  A replacement will consist of one and one‑half new trees, 25-gallon minimum ball size, for every tree lost.  These new trees will be planted in accordance with an approved site plan and Administrator approval.

(Ord. passed 12-15-97)

 

 

§ 151.158  SHADE TREES IN PARKING AREAS.

 

(A) (1)  Vehicle accommodation areas must be shaded by deciduous trees, either retained or planted by the developer.

 

(2)  When trees are planted by the developer to satisfy the requirements of this division, the developer shall choose trees that meet the standards suggested in Appendix E to this chapter.


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(B)  Each tree of the type described in division (A) above shall be presumed to shade a circular area having a radius of 15 feet with the trunk of the tree as the center, and there must be sufficient trees so that, using this standard, 20% of the vehicle accommodation area will be shaded.

 

(C)  Trees shall be setback far enough from vehicular areas so as not to cause an unhealthy situation for the plant material selected.

 

(D) (1)  Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from striking trees.

 

(2)  Vehicles will be presumed to have a body overhang of three feet, six inches.

(Ord. passed 12-15-97)

 

 

§ 151.159  PROTECTION OF TREES DURING CONSTRUCTION.

 

(A) The permit recipient shall be responsible for ensuring that all existing trees specifically shown on approved plans as being retained to provide screening or shading area are protected during the construction process from removal, destruction or injury.  The permit recipient shall ensure that, before any excavation takes place on the site, a barrier is erected around the dripline of all trees sufficient to put on notice all construction personnel that the area within the dripline of the trees is not to be disturbed.

 

(B)  If a violation of division (A) above occurs and as a result a tree is removed or dies within two years after a certificate of occupancy is granted for that portion of a development where the tree is or was located, then the permit recipient, or his or her successor, shall be required to replace the tree with one and one‑half trees of equal value, with a ball size of at least 25 gallons.  The replacement must take place within one year after the death or removal of the tree occurs and this obligation shall be a continuing condition of the validity of the permit.

(Ord. passed 12-15-97)

 

 

 

UTILITIES

 

 

§ 151.170  UTILITY OWNERSHIP AND EASEMENT RIGHTS.

 

In any case in which a developer installs or causes the installation of water, sewer, electrical power, telephone or cable television facilities and intends that the facilities shall be owned, operated or maintained by a public utility or any entity other than the developer, the developer shall transfer to the utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain the facilities.

(Ord. passed 12-15-97)


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§ 151.171  MAJOR SUBDIVISIONS TO INSTALL WATER LINES.

 

(A) Whenever it is legally possible and practicable in terms of topography to connect to a county water line by running a connecting line not more than the distance set forth below, then the subdivider shall install water lines in the major subdivision so that all lots to be developed will be able to connect to the county water system.  The developer shall provide all the necessary pipes and accessories for installation of the water lines as set forth herein and all materials and pipes so provided must meet or exceed the requirements established for the county water system.  Individual lots within a subdivision having been given a minimum of preliminary plan approval prior to November 4, 1996, which remains valid, shall not be required to connect to the county water system.  Individual lots within a subdivision given initial sketch plan approval after November 4, 1996, shall be required to connect to the county water system.

 

(1)  Major subdivision applications submitted after November 4, 1996, shall be required to install water lines in accordance with this section.

 

(a)  If the tract in question is proposed to be developed for residential purpose, then the distance within which connection must be made shall be as follows:  100 feet per unit for the first ten units, plus 20 feet for each unit in excess of ten units within the development.  If the tract in question is proposed to be developed for non‑residential purposes, then the distance within which connection must be made shall be determined by transposing the projected demand of the proposed non‑residential use into the demand created by an equivalent number of average residential units and using the foregoing formula.

 

(b)  In determining units in a development, tracts proposed to be subdivided and not using multi‑family subdivisions shall have their total unit potential determined by calculating the maximum number of units allowable for each proposed lot.  The total number of units proposed on other developments shall be as shown on the proposed site plan.

 

(c)  In determining the number of dwelling units proposed for a tract, the relevant inquiry relates to the number proposed for the entire tract rather than a single phase of the proposed project.

 

(2)  If a public water supply system is to be provided to the area within a five‑year period, as indicated in the county's long range water extension plan, official map or other official document, the county may require installation of a capped system or dry lines (mains only), within the road right‑of‑way; or the county may require a payment in lieu of the improvement.  This provision shall apply to all major subdivision initial sketch plans submitted after November 4, 1996, when the subdivision is within a distance of proposed water lines as follows:  100 feet per unit for the first ten units, plus 20 feet for each unit in excess of ten units.


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(B)  Connection to such water line is not legally possible if, in order to make connection with the line by a connecting line that does not exceed the distance prescribed above, it is necessary to run the connecting line over property not owned by the owner of the property to be served by the connection, and, after diligent effort, the easement necessary to run the connecting line cannot reasonably be obtained.

 

(C)  All water systems installed having 15 or more connections must meet the standards of the State Commission for Health Services, Division of Environmental Management.

 

(D) If the public water system is available or is to be available and the subdivider is developing new lots under the standards set forth hereinabove, the subdividers shall construct a water system that complies with the standards and specifications of the public water system with jurisdiction where the subdivision is located and connect it to the system serving the area in which the subdivision is located.

 

(E)  If the developer is developing new lots within any area served by a public water system in the county, the subdivider shall construct a water system and connect it to the system owned and operated by the water system that serves the area where the subdivision is located, subject to the following conditions.

 

(1)  Construction plans for the proposed system shall be prepared by a registered engineer, materials and construction to be in accordance with the specifications for the public water system, as prepared by the water system's engineer, that serves the area where the subdivision is located and submitted with the preliminary plat to the Planning Board and public water system that serves the area where the subdivision is located and all appropriate state agencies.

 

(2)  The cost of the construction, connection and approval of the subdivision water system shall be paid by the subdivider.

 

(3)  All water mains, laterals, meter boxes and easements shall be dedicated to the public water system.  Water lines shall be installed within street rights‑of‑way, where possible.

 

(F)  (1)  The water system where the subdivision is being developed may require installation of certain oversized facilities, such as water mains in excess of eight inches in diameter, when it is in the interest of future development.

 

(2)  When this is required, the water system where the subdivision is located shall pay for that portion of the improvement that exceeds the standards set forth in this chapter.

 

(G) All connection fees shall be paid for each lot required to be connected to the county water system as a condition of final plat approval.

(Ord. passed 12-15-97)


                                                    Unified Development                                                 93

 

 

§ 151.172  SEWAGE DISPOSAL FACILITIES REQUIRED.

 

(A) Every principal use and every lot within a subdivision intended to be developed shall be served by a sewage disposal system that is adequate to accommodate the reasonable needs of the use or subdivision lot and that complies with all applicable health regulations.

 

(B)  No sewage treatment system that discharges into surface waters shall be allowed.

(Ord. passed 12-15-97)

 

 

§ 151.173  DETERMINING COMPLIANCE WITH § 151.172.

 

(A) Whenever any major subdivision in any zoning district proposes to comply with § 151.172 by using septic tanks or other ground absorption systems subject to the regulatory jurisdiction of the PPCC District Health Department, no special use permit may be issued (such as preliminary plat approval may not be granted) until the Health Department has certified that each lot shown on the preliminary plat has been inspected and found suitable for a septic tanks or other ground absorption system capable of serving at least a three-bedroom house.

 

(B)  Final plat approval for any major, minor or private access subdivision that proposes to comply with § 151.172 by using septic tanks or other ground absorption systems under the PPCC District Health Department's regulatory jurisdiction may not be granted until the Health Department has certified that each lot shown on the final plat has been inspected and found suitable for a waste treatment system capable of serving the intended or likely use of the lot.  Health Department certification under division (A) above shall suffice to comply with this section so long as there has been no substantial change between the preliminary and final plats of the subdivision.

 

(C)  Whenever a development proposes to comply with § 151.172 by resort to a sewage treatment system not subject to the regulatory jurisdiction of the PPCC District Health Department, any development permit issued under this chapter shall be regarded as issued contingent upon the developer obtaining necessary approvals for the sewage treatment system from the appropriate regulatory agencies and properly installing the system to serve the development.  All permits shall be obtained prior to preliminary plat approval.  No final plat approval shall be issued until all utilities including water, septic or sewer systems are operational to the satisfaction of the PPCC District Health Department and the county or if the improvements are secured in accordance herewith, if applicable.  Where sand‑lined trench systems are to be utilized to satisfy § 151.172 in minor or private access subdivisions, installation of the system shall not be required until the time as a building permit is requested and a building is subsequently constructed.

(Ord. passed 12-15-97)


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§ 151.174  WATER SUPPLY SYSTEM REQUIRED.

 

Every principal use and every lot within a subdivision shall be served by a means of a water supply that is adequate to accommodate the reasonable needs of the use or subdivision lot and that complies with all applicable health regulations.

(Ord. passed 12-15-97)

 

 

§ 151.175  DETERMINING COMPLIANCE WITH § 151.174.

 

The permit issuing authority may, before issuing any permit under this chapter, make the investigation and require the developer to submit the information as appears reasonably necessary to ensure that the developer or his or her successor will be able to comply with § 151.174.

(Ord. passed 12-15-97)

 

 

§ 151.176  WATER/SEWER DISTRICTS REQUIRED.

 

(A) Whenever a private water and/or sewer treatment system is utilized to service a development, a water and/or sewer district shall be established in accordance with state law encompassing the boundaries of the development.

 

(B)  The district shall be established prior to the first final plat approval and shall be structured in a manner that will ensure the long term viability of the water and/or sewer treatment system.

(Ord. passed 12-15-97)

 

 

§ 151.177  LIGHTING REQUIREMENTS.

 

(A) Private roads, public roads dedicated to the State Department of Transportation, sidewalks and other common areas or facilities in developments may be illuminated to ensure the security of property and the safety of persons using the roads, sidewalks and other common areas or facilities.  Illumination shall be in accordance with a plan designed by the utility company and approved by the county.

 

(B)  All entrances and exit areas in buildings used for non-residential purposes and in two-family or multi‑family residential developments containing more than four dwelling units shall be adequately lighted to ensure the safety of persons and the security of the buildings.

 

(C)  Illumination requirements must be met prior to final plat approval or prior to the issuance of an occupancy permit where final plat approval is not required by this chapter.

(Ord. passed 12-15-97)

 


                                                    Unified Development                                                 95

 

 

§ 151.178  EXCESSIVE ILLUMINATION.

 

Lighting within any lot that unnecessarily illuminates any other lot and substantially interferes with the use or enjoyment of the other lot is prohibited.

(Ord. passed 12-15-97)

 

 

§ 151.179  UNDERGROUND UTILITIES.

 

(A) Subject to division (D) below, all electric power lines, not to include transformers or enclosures containing electrical equipment including, but not limited to switches, meters or capacitors which may be pad mounted, telephone, gas distribution and cable television lines in subdivisions constructed after the effective date of this chapter shall be placed underground in accordance with the specifications and policies of the respective utility service providers and located in accordance with applicable DOT requirements.

 

(B)  Subject to division (D) below, whenever a development is hereafter constructed on a lot, parcel or tract that is undeveloped on the effective date of this chapter, then all electric power, telephone, gas distribution and cable television lines installed to serve the development that are located on the development site outside of a previously existing public street right‑of‑way shall be placed underground in accordance with the specifications and policies of the respective utility companies.

 

(C)  No electric power, telephone, cable television or other utility lines may be installed over the waters of the Pasquotank or North Rivers, areas of environmental concern or wetlands and no utility poles may be erected within the waters of the Pasquotank or North Rivers, areas of environmental concern or wetlands without proper permits from the Army Corps of Engineers and/or CAMA.

 

(D) The provisions of this section shall not be interpreted to require the underground installation of any lateral service line in excess of 200 feet to serve a single-family residence.

(Ord. passed 12-15-97)

 

 

§ 151.180  UTILITIES TO BE CONSISTENT WITH INTERNAL AND EXTERNAL

DEVELOPMENT.

 

(A) Whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments, the utility facilities (such as, water or sewer lines) shall be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service.


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(B)  All utility facilities shall be constructed in a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development.

(Ord. passed 12-15-97)

 

 

§ 151.181  AS‑BUILT DRAWINGS REQUIRED.

 

Whenever a developer installs or causes to be installed any utility line in any public right‑of‑way, the developer shall, as soon as practicable after installation is complete, and before acceptance of any water or sewer line, furnish the county with a copy of a drawing that shows the exact location of the utility lines.  This should be accomplished during final plat review and approval.  The drawings must be verified as accurate by the utility service provider.  Compliance with this requirement shall be a condition of the continued validity of the permit authorizing the development.  Further, as‑built drawings are required for all water and/or sewer treatment plants and any changes that may be made to the systems in the future.

(Ord. passed 12-15-97)

 

 

§ 151.182  FIRE HYDRANTS.

 

(A) Every major subdivision that is served by a county-owned water system or a private/public central water system with at least six-inch lines shall include a system of fire hydrants sufficient to provide adequate fire protection for the buildings located or intended to be located within the development.

 

(B)  The presumption established by this chapter is that to satisfy the standard set forth in division (A) above, fire hydrants must be located so that not more than 500 linear feet, measured along the centerline of the street right‑of‑way, separates a property within the development and a fire hydrant. However, the permit issuing authority may authorize or require a deviation from this standard if another arrangement more satisfactorily complies with the standard set forth in division (A) above.

 

(C)  The permit issuing authority, after consultation with local fire officials, shall determine the precise location of all fire hydrants.  Preferably, fire hydrants shall be placed six feet behind the curb line of publicly dedicated streets that have curb and gutter and must be placed within ten feet of a public or private road or street.

 

(D) The permit issuing authority shall, after consultation with local fire officials, determine the design standards of all hydrants based on fire flow needs.  Unless otherwise specified, all hydrants shall have two 2½‑inch hose connections and one 4½‑inch hose connection.  The 2½‑inch hose connections shall be located at least 21½ inches from the ground level.  All hydrant threads shall be national standard threads.


                                                    Unified Development                                                 97

 

 

(E)  Water lines that serve hydrants shall be at least six-inch lines and, unless no other practicable alternative is available, no lines shall be dead‑end lines and they shall be looped where practical.

 

(F)  When served by a county-owned or a private/public central water system, all conversions of existing structures to non‑residential uses and all new construction projects, excluding single‑family and two‑family dwellings, that are less than 1,000 feet from an existing fire hydrant shall be required to extend the line and install a new fire hydrant within 500 feet of their parcel.

 

(G) Subdivisions of five lots or less shall be exempt from this requirement, provided all five lots are within one parcel/tract of land.  Additional lots subdivided from the one parcel/tract of land shall comply with the fire hydrant requirement.

(Ord. passed 12-15-97)

 

 

§ 151.183  WATER SUPPLY FOR FIRE PROTECTION IN DEVELOPMENTS NOT SERVED BY THE PUBLIC WATER SUPPLY SYSTEM.

 

Every residential development containing 20 or more lots and every non-residential subdivision containing ten or more lots shall provide a supply of water that is sufficient to provide adequate fire fighting capability with respect to every building that is reasonably expected to be constructed within the development:

 

(A) The Administrator shall determine the types, sizes, dimensions and spatial relationships of buildings anticipated within the development by using the best information available, including, without limitation, market experience, the developer's plans and the list of permissible uses in § 151.334 and other requirements set forth in this chapter.

 

(B)  The developer may provide the required water supply by resort to ponds, wells, cisterns, above ground storage tanks, water lines, where a community water supply system is installed, any combination of the foregoing, or any other means, so long as the facilities satisfy the requirements of this section.

 

(C)  The water supply facilities may be located on or off the site of the development.  However, off‑site facilities shall be acceptable only if the developer has a sufficient legal interest in the facilities to ensure that the facilities will be available to serve the development as long as they are needed.

 

(D) The water supply facilities must be of the size and so located that within 2,500 feet of every anticipated building in the development a sufficient volume of water is available at all times of the year to supply the water flow needed to suppress a fire on each building

 

(E)  In determining needed water flow for anticipated buildings, the Administrator shall be guided by the standards promulgated by the Insurance Service Office, which standards shall be available in the office of the Administrator.  However, the Administrator may modify these standards warranted upon


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the advice of the Chief of the applicable Volunteer Fire Department to the end that the basic objective of this section set forth above might most reasonably be satisfied.

 

(F)  Water supply sources shall be so located so that fire-fighting vehicles will have ready access to the sources at all times.  A hard surfaced roadway shall be provided to the water source as well as a hard surfaced, turnaround area of sufficient dimensions to facilitate access by fire-fighting vehicles to and from the water source.

 

(G) Water supply sources shall be provided with the necessary equipment and connections (such as, dry hydrants in ponds) to ensure that fire-fighting equipment can draw water from the sources in the most efficient manner reasonably possible.

 

(H) The developer or his or her successor shall be responsible for ensuring that all water supply sources, access roadways and other facilities or equipment required under this section are maintained.

(Ord. passed 12-15-97)

 

 

§ 151.184  SITES FOR AND SCREENING OF DUMPSTERS.

 

(A) All non-residential development that is under the county's solid waste collection policies or otherwise will be required to provide one or more dumpsters for solid waste collection and shall provide sites for the dumpsters that are:

 

(1)  Located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties or public rights‑of‑way;

 

(2)  Constructed according to specifications established by the county to allow for collection without damage to the development site or the collection vehicle; and

 

(3)  The size and location of the site shall be approved by the county prior to preliminary plat approval and/or site plan approval.

 

(B)  All dumpsters shall be screened if and to the extent that, in the absence of screening, they would be clearly visible to:

 

(1)  Persons located within any dwelling unit on residential property other than that where the dumpster is located;

 

(2)  Occupants, customers or other invitees located within any building on non-residential property other than that where the dumpster is located unless the other property is used primarily for purposes permitted exclusively in an I‑1 or I‑2 zoning district; and

 

(3)  Persons traveling on any public street, sidewalk or other public way.


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(C)  When dumpster screening is required under this section, the screening shall be constructed, installed and located to prevent or remedy the conditions requiring the screening.

 

(D) Each applicant for a permit shall provide a plan for the disposal of solid waste and the plan must be approved by the county.

(Ord. passed 12-15-97)

 

 

 

OPEN SPACE AND SCHOOL SITES

 

 

§ 151.195  OPEN SPACE.

 

(A) All major residential subdivisions consisting of 20 or more lots shall provide open space in accordance with the provisions of this section unless otherwise provided.

 

(1)  Every major residential subdivision, except common open space subdivisions, consisting exclusively of lots that are intended for single-family use shall be developed so that at least 5% of the total area of the development remains permanently as open space.

 

(2)  All multi‑family and two‑family developments, mixed use residential developments, combination of single‑family, two‑family and/or multi‑family, and any other type of major residential development not covered in division (A)(1) above shall have at least 15% of the total tract area devoted to open space.

 

(B)  For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

OPEN SPACE.  An area that:

 

(a)  Is not encumbered with any structure unless the structure is for recreational purposes available and accessible to all residents of the subdivision or general public, including indoor tennis courts, swimming pool and other facilities;

 

(b)  Is not contained within a street right‑of‑way or otherwise devoted to use as a roadway, parking area not associated with the use of open space or above ground waste disposal facilities;

 

(c)  Is legally and practicably accessible to the residents of the development out of which the open space is taken;


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(d)  Is not encumbered by underground septic lines, any part of a sewage disposal system or any above ground or below ground structure;

 

(e)  May include farmland and tree farms;

 

(f)   Is capable of being used and enjoyed for passive recreation, such as walking, jogging or being improved for more active recreational use;

 

(g)  Does not include any CAMA wetlands; and

 

(h)  Includes any part of any man‑made or natural lakes or ponds provided they are completely surrounded by the development and under the ownership of the developer or Homeowner’s Association.

 

(C)  Subdivided residential developments of less than 20 dwelling units are exempt from the requirements of this section.

 

(D) At least 50% of open space required by these regulations shall be lands suitable for development and shall not include, among other things, U.S. Army Corps regulated wetlands and swamps.

(Ord. passed 12-15-97)

 

 

§ 151.196  RECREATIONAL IMPROVEMENTS TO OPEN SPACE.

 

A portion of the required open space for residential subdivisions shall be improved for recreational use (such as ball fields, children's playground, swimming pools, tennis courts, and the like) taking into consideration:

 

(A) The character of the open space land;

 

(B)  The estimated age and the recreation needs of persons likely to reside in the development;

 

(C)  The cost of recreation facilities; and

 

(D) The proximity to existing recreational areas.

(Ord. passed 12-15-97)

 

 

§ 151.197  OWNERSHIP AND MAINTENANCE OF REQUIRED OPEN SPACE.

 

(A) Open space, man‑made ponds, stormwater improvements and areas required to be provided by the developer in accordance with this subchapter shall not be dedicated to the public, except upon written


                                                    Unified Development                                               101

 

 

acceptance by the county, but shall remain under the ownership and control of the developer or his or her successor or a Homeowner’s Association or similar organization that satisfies the criteria established in § 151.198.

 

(B)  The person or entity identified in division (A) above as having the right of ownership and control over the open space shall be responsible for the continuing upkeep and proper maintenance of the same.  Determination of proper continuing upkeep and maintenance shall be the responsibility of the Administrator.

 

(C)  The developer shall place in a conspicuous manner upon the final plat of the subdivision prior to final plat approval a notation concerning control of open space in accordance with the provisions of §§ 151.230 through 151.246, 151.260 through 151.263 and 151.275 through 151.278.

(Ord. passed 12-15-97)

 

 

§ 151.198  HOMEOWNERS ASSOCIATIONS.

 

(A) Homeowners' associations or similar legal entities that, pursuant to § 151.197, are responsible for the maintenance and control of open space areas and common areas shall be established by the developer who shall record in the Register of Deeds a declaration of covenants and restrictions that will govern the association or similar legal entity.

 

(B)  A copy of the recorded document shall be provided to the Administrator and the document shall include, but not be limited to the following:

 

(1)  Provision for the establishment of the association or similar entity is required before any lot in the development is sold or any building occupied and membership shall be mandatory for each homeowner and any successive buyer;

 

(2)  The association or similar legal entity has clear legal authority to maintain and exercise control over the common open space areas;

 

(3)  The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of the common areas;  (Further, assessments levied can become a lien on the property if allowed in the master deed establishing the Homeowner’s Association or similar legal entity.)

 

(4)  The open space restrictions must be permanent, not just for a period of years;

 

(5)  The association or similar legal entity must be responsible for liability insurance, applicable taxes and the maintenance of open space and other facilities under their control;


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(6)  The association or similar legal entity must be able to adjust the assessment to meet changing needs; and

 

(7)  The association shall be responsible for maintaining all public storm water drainage systems and easements within the subdivision not being maintained by the county, state or other approved entity.

(Ord. passed 12-15-97)

 

 

§ 151.199  FLEXIBILITY IN ADMINISTRATION AUTHORIZED.

 

(A) The requirements set forth in this subchapter concerning the amount, size, location and nature of open space to be provided in connection with developments are established by the Board as standards. Presumptively, this will result in the provision of an amount of open space that is consistent with generally recognized standards relating to the need for the areas.  The Board recognizes, however, that due to the particular nature of a tract of land, or the particular type or configuration of development proposed or other factors, the underlying objectives of this subchapter may be achieved even though the standards are not adhered to with mathematical precision.  Therefore, the permit issuing body is authorized to permit minor deviations from these standards whenever it determines that:

 

(1)  The objectives underlying these standards can be met without strict adherence to them; and

 

(2)  Because of peculiarities in the developer's tract of land or the particular type or configuration of development proposed, it would be unreasonable to require strict adherence to these standards.

 

(B)  Whenever the permit issuing Board authorizes some deviation from the standards set forth in this subchapter, pursuant to division (A) above, the official record of action taken on the development application shall contain a detailed statement of the reasons for allowing the deviation.

(Ord. passed 12-15-97)

 

 

§ 151.200  RESERVATION OF SCHOOL SITES.

 

(A) If a development plan submitted for approval includes a proposed school site that has been designated in the land use plan, in accordance with G.S. § 153A‑331, Contents and Requirements of Ordinance, or some other long‑range document adopted by the Board of Commissioners, the county shall immediately notify the Board of Education.  If the Board of Education does not wish the site to be reserved, no site may be reserved.  If the Board of Education does wish the site to be reserved, the development shall not be approved without the reservation.


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(B)  As provided in G.S. § 153A‑331, Contents and Requirements of Ordinance, the Board of Education must acquire the site within 18 months after the date the site is reserved, and if it fails to do so the developer may treat the land as freed of the reservation.

(Ord. passed 12-15-97)

Statutory reference:

Proposed school sites and reservation, see G.S. § 153A‑331

 

 

 

SUPPLEMENTARY USE REGULATIONS

 

 

§ 151.210  TEMPORARY EMERGENCY, CONSTRUCTION OR REPAIR RESIDENCES.

 

(A) Temporary residences used on construction sites of non-residential premises shall be removed immediately upon the completion of the project.

 

(B)  Permits for temporary residences to be occupied by persons intending to live in a permanent residence pending the construction, repair or renovation of the permanent residential building on a site shall expire within nine months after the date of issuance, except that the Administrator may renew the permit for one additional period not to exceed three months if he or she determines that the renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the construction, repair, renovation or restoration work necessary to make the building habitable.

 

(C)  Temporary emergency, construction or repair residences, as defined herein, shall consist of campers, travel trailers, recreational vehicles and Class “B” mobile homes.

(Ord. passed 12-15-97)

 

 

§ 151.211  TEMPORARY CONSTRUCTION AND SALES OFFICES.

 

(A) Within any district, a temporary building may be located on any lot or tract that is being developed so long as the building:

 

(1)  Is used as a construction or field office related to the development of the tract where the office is located or as a place of storage for materials used in the development of the tract;

 

(2)  Is used as a sales office solely in connection with the development where the temporary building is located; and

 

(3)  Is removed within 30 days after completion of construction work on the tract where the building is located or within 30 days after 95% of the lots or units have been sold.


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(B)  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

TEMPORARY BUILDING.  Includes:

 

(a)  Structures built in accordance with the State Building Code; and

 

(b)  Structures built in accordance with the standards promulgated by the U.S. Department of Housing and Urban Development and all temporary buildings shall be secured to the ground in a manner, approved by the county's Building Inspector, that reflects the temporary nature of the structure.

 

(C)  Within any real estate development offering lots or units for sale, a temporary sales office may be established in a model or display unit that is or will be for sale and within any permanent building, such as a clubhouse or recreation facility, that will remain as part of the development after sales are completed.

 

(D) Temporary buildings, under this section, shall observe the setback requirements applicable to permanent buildings within the district where the temporary buildings are located.

 

(E)  Permits must be secured from the Building Inspector and Administrator prior to the location of any temporary building(s).  Permits shall remain valid for 12 months and may be renewed for additional 12-month periods upon a showing that the building is being used in conformity with this section and reasonable progress is being made toward completion of the project.

(Ord. passed 12-15-97)

 

 

§ 151.212  MINING.

 

(A) Mining shall be allowed in any mining overlay district as a permitted use with a zoning permit issued by the Zoning Administrator only if the applicant has received an approved state mining permit and complies with the general standards and conditions as set forth therein.

 

(B)  Any mine activity, including excavation, area where overburden is placed, area used for processing or treatment and settling ponds, access roads and the like, shall be subject to these regulations, except the noted exemptions in § 151.045.

 

(C)  If, at any time, a state agency suspends or revokes any permits it has issued for the mining operation, the revocation or suspension shall cause the zoning permit issued by the county to become void.

 

(D) All state permits and applications for state permits associated with the mining activity, including permit modifications, shall be filed within ten working days of issuance or submittal in the county's Planning Department by the applicant.


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(E)  The zoning permit shall be valid for the same period as established within the state permit but shall not exceed ten years from the date it is granted.  In the event the property owner desires to continue the mining operation thereafter, he or she shall file with the Administrator for a new permit.

 

(F)  Appropriate buffers and screens for mining activities shall be determined by the Administrator in order to minimize the negative impacts on adjoining properties and street rights-of-way.  The use of earth berms for visual screening may be required.

 

(G) Where two or more accesses to the mining operation exist, traffic shall be routed to the access having the least negative impact on adjoining properties.

 

(H) Overburden to be used for future reclamation shall be placed where it will not be disturbed by normal mining activities and shall be stabilized to reduce wind and water erosion.  Use of overburden for earth berms is encouraged to reduce the impact of the mining operation on adjoining properties.

 

(I)   No bulk waste, hazardous waste, commercial waste, garbage, construction or demolition waste shall be placed on site.

 

(J)   No trespassing signs shall be posted around the site being mined at a minimum distance of 250 feet apart indicating that a mining operation is being conducted on the property.

 

(K)  Drainage patterns shall not be altered so as to cause flooding off‑site while the permit is valid and after reclamation.

 

(L)  All provisions of state and local permits issued for the operation shall be met.

 

(M)Applicant will make available any pond areas to the local Volunteer Fire Department for installation of a dry hydrant, if requested by the local VFD.  All associated costs for installation will be the responsibility of the local VFD.

(Ord. passed 12-15-97)

 

 

§ 151.213  CAMPING AND CAMPERS.

 

(A) Camping is a permitted use of land only in camper subdivisions and recreational campgrounds.

 

(B)  The following uses will be allowed on platted camper lots within the county provided all lots are serviced by either a private or county operated central water and sewer system:

 

(1)  One camper lot.  Uses allowed include one camper, sited in the center of the lot; a raised walkway, maximum width not to exceed five feet, will be allowed provided proper county setback minimums can be maintained; one accessory building, not to exceed 100 square feet, may be erected provided proper county setback minimums can be maintained; canvas awnings shall be allowed; no


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permanent additions shall be allowed, temporary additions such as roll‑up canvas awnings shall be allowed provided proper county minimum setbacks can be maintained; proper CAMA permits must be obtained, if necessary; accessory buildings shall be located to the rear of the primary structure or camper; open air decks, those without roofs or walls, will be allowed up to a maximum of 100 square feet provided all county setbacks are maintained.

 

(2)  Two camper lots.  Uses allowed will be the same as for one camper lot, if lots are used separately.  If lots are used jointly, as one lot, uses permitted shall include one camper; site built homes; modular homes; Class “A” and Class “B” mobile homes, up to two-bedroom limit; accessory buildings of any size; screened or unscreened porches; walkways and decks, provided all county minimum setbacks are met; lot coverage shall not exceed over 25% and proper CAMA permits shall be obtained, if necessary; additions to site built homes, modular homes and mobile homes such as rooms or accessory buildings will be permitted provided they do not increase the number of bedrooms or bathrooms; accessory buildings shall be located to the rear of the primary structure or camper.

 

(3)  Three camper lots.  Uses allowed will be the same as for two camper lots with the following exception:  site built modular or Class “A” or “B” mobile homes will be allowed with a three-bedroom maximum.

 

(4)  Requests.  All building permit requests for a principal structure or room additions to a principal structure, must be accompanied by a certificate of use issued by the applicable sanitation district or organization managing the sewage treatment, stating there is adequate sewage treatment available for this structure.

 

(C)  All permanent structures located on a camper lot prior to the effective date of this chapter may continue and be maintained in good condition.  Any damage equaling 25% or more of the total structure's replacement cost may be replaced only in compliance with the requirements of this section and shall not be subject to the replacement provisions of § 151.363.

 

(D) Campers may be parked or stored on any lot, tract or parcel with an established dwelling in any zoning district, in an approved campground or approved camper storage lot, provided the equipment shall not be used for overnight occupancy or as a dwelling unit.

 

(E)  Additions to campers are not permitted, nor may campers be used as an addition to any structure.

 

(F)  Campers may not have wheels removed and be blocked so as to make it a permanent structure nor will underpinning be allowed.

 

(G) An approved sewage disposal system shall be provided in all campgrounds that are designed for campers or that allow use by campers.


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(H) No camper larger than eight feet by 40 feet, including the tongue will be located on a designated camper lot.

 

(I)   The use of a travel trailer as a temporary residence in connection with the construction of a dwelling shall be permitted provided that it is occupied by the owner of the dwelling, not the contractors or subcontractors.

(Ord. passed 12-15-97)

 

 

§ 151.214  MARINAS.

 

(A) Marinas shall be planned in a manner as to minimize the risk of water pollution.

 

(B)  Marinas shall be located in areas where there is a high rate of water turnover, the time required for tidal action or water flow to replace water of a boat basin with new water from another source.  Ideally, marinas should have a water turnover rate of between two to four days.

 

(C)  Marinas in upland areas shall be encouraged.

 

(D) Marina access channels shall be designed to maximize circulation and avoid dead‑end spots.

 

(E)  Marina designs must incorporate facilities for the proper handling of sewage, waste and refuse.

 

(F)  Marinas shall minimize alteration of existing shoreline configurations and disturbance of vital habitat areas.

 

(G) Dredging operations shall not occur during critical periods of fish migration and breeding.

 

(H) The method of dredging shall be chosen that will have the least environmental impact and all dredged materials shall be placed in a manner so as not to pollute surrounding areas.

 

(I)   Proposals for marina development shall be accompanied by a modeling study indicating expected flushing, where applicable.

(Ord. passed 12-15-97)

 

 

§ 151.215  MOBILE HOMES.

 

(A) Class “A” mobile homes are permitted in all approved mobile home parks and mobile home park subdivisions with a zoning permit provided underpinning of all‑weather base material is placed around the mobile home when located in a mobile home park subdivision.  Further, with a zoning permit, Class “A” mobile homes shall be permitted on individual lots in accordance with the table of § 151.334, subject to the following:


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(1)  The home has a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis;

 

(2)  The pitch of the home's roof has a minimum vertical rise of 2 2/10 feet for each 12 feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;

 

(3)  The exterior siding consists of wood, hardboard, vinyl or aluminum, or covered or painted, but in no case exceeding the reflectivity of gloss white paint, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;

 

(4)  A continuous, permanent masonry curtain wall, unpierced, except for required ventilation and access, is installed under the home after placement on the lot and before final occupancy, if placed outside of a mobile home park or mobile home subdivision;

 

(5)  The tongue, axles, transporting lights and removable towing apparatus are removed after placement on the lot and before final occupancy, if placed outside of a mobile home park or mobile home subdivision;

 

(6)  All roof structures shall provide an eave projection of no less than six inches, which may include the gutter; and

 

(7)  The manufactured home, stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed in accordance with the standards set by the State Department of Insurance and the State Building Code.

 

(B)  Class “B” mobile homes may be located in all approved mobile home parks and mobile home park subdivisions with a zoning permit provided underpinning of all-weather base material is placed around the mobile home when located in a mobile home park subdivision.  Further, Class “B” mobile homes may be located in accordance with the table of § 151.334 and the provisions of §§ 151.345 through 151.347.

 

(C)  (1)  Class “C” mobile homes that were:

 

(a)  Constructed prior to July 1, 1976; and

 

(b)  Located within the boundaries of the county as of the effective date of this chapter, may only be relocated to approved mobile home parks and mobile home park subdivisions with a zoning permit.


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(2)  When located in a mobile home park subdivision, Class “C” mobile homes shall provide underpinning of all‑weather base material around the mobile home.  Class “C” mobile homes not located within the boundaries of the county as of the effective date of this chapter shall be prohibited from locating in the county.

 

(D) When land on which a Class “B” residential mobile home is located is acquired by a governmental agency for a public purpose and the remaining land is insufficient to support the mobile home, then the property owner may relocate the residential mobile home to any other area in the county zoned R-1 with a special use permit.  The government entity acquiring the property is responsible for the special use permit fee.

 

(E)  No mobile home may be parked for storage on any lot, tract or parcel, except in H-C, I-1, or I-2 districts, or in a mobile home park storage site approved subject to the provisions of division (L) below.  Mobile homes may be stored in HC, I-1 or I‑2 districts, with a temporary storage permit issued by the Administrator.  A storage site shall be completely surrounded by a wall or fence which a person cannot see through, visually opaque, at least eight feet in height and no mobile home may be stored in any district for more than three months.  Mobile home sales lots which have employees actively engaged in mobile home sales on the site daily shall be exempt from the three-month limitation.

 

(F)  Mobile homes may not be used as storage structures.

 

(G) A mobile home park is not a permitted use in any zoning district.

 

(H) Before any mobile home is located on any lot, tract or parcel, the following permits must be obtained:

 

(1)  Improvements permit from the District Health Department; and

 

(2)  Zoning permit from the Administrator.

 

(I)   Any mobile home which is located in the county for any purpose whatsoever, except for approved temporary storage of the unit must be anchored and tied down or otherwise secured according to the manufacturer's standards of the State Department of Insurance.

 

(J)   In a mobile home park or any location in which the location of individual mobile home units is not made with reference to individual lot lines which are shown on a plat approved by the county, no attached structures shall be permitted which total in excess of 100 square feet nor may the total of all accessory buildings in individual ownership exceed 100 square feet per mobile home unit.

 

(K)  Two or more mobile homes shall not be joined or connected together as one dwelling nor may a mobile home be attached to any accessory building.

 

 

 

 

 

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(L)  Mobile homes, attached and detached structures shall be tied down onto block piers with anchors according to the manufacturer's standards or the standards of the State Department of Insurance and in no case shall be placed upon a permanent foundation in any mobile home park or other location where the location of individual mobile home units is not made with reference to individual lot lines which are shown on a plat approved by the county.

 

(M)Mobile home park storage site may be permitted with a zoning permit within a mobile home park with the following conditions.

 

(1)  The mobile home park must contain at least 20 lots on the effective date of this section to qualify for a permit for a storage site.

 

(2)  The storage site must be located on the same lot, tract or parcel as the mobile home park.

 

(3)  The size of the mobile home storage site may not exceed 5% of the total area of all mobile home lots in the park or 40,000 square feet, whichever area is the smaller.

 

(4)  The total number of mobile homes stored in a mobile home park storage site shall not exceed ten mobile homes.

 

(5)  The mobile home storage site shall be completely surrounded by an opaque fence at least eight feet in height.  The fence shall be erected and maintained in a manner to present a neat and attractive appearance.

 

(6)  No mobile home may be stored in a mobile home park storage site for more than six months.

 

(7)  It is the intent of this section to allow some relief to owners and operators of mobile home parks who have abandoned mobile homes in their parks or have seized or attached mobile homes under legal process.  Only mobile homes which have been abandoned or are in the possession of the mobile home park operators under legal process may be stored and sold in a mobile home park storage site.  It is not the intent of this section to allow a mobile home sales lot within a mobile home park and no private sales by persons other than the operators and owners of mobile home parks may be allowed within the storage site.

 

(8)  Upon request by the Administrator, the mobile home park owner or operator shall submit proof that the mobile homes located within the storage site are those abandoned mobile homes or mobile homes seized or attached under legal process which are permitted under this section.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

 

 

 

 

 

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§ 151.216  ADULT AND SEXUALLY-ORIENTED BUSINESSES.

 

(A) The provisions of these regulations are adopted by the County Board of Commissioners under authority granted by the General Assembly of the state, in G.S. §§ 153A‑1 et seq. and further G.S. § 153A‑135.  From and after the effective date and hereof, these regulations shall apply to every building, lot, tract or parcel of land within the county.

 

(B)  For the purpose of promoting the health, safety, morals and general welfare of the citizenry of the county, these regulations are adopted by the Board of Commissioners to regulate adult and sexually-oriented businesses, as hereby defined, located in the county.  Further, these regulations have been made with reasonable consideration among other things, as to the character of the county and its areas and their peculiar suitability for these businesses.

 

(C)  These regulations shall not repeal, impair, abrogate or interfere with any existing easements, covenants, deed restrictions, setback requirements, rules, definitions or regulations previously adopted pursuant to law in any established zoning district in the county.  However, where these regulations impose greater restrictions, the provisions of these regulations shall govern.

 

(D) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

ADULT ARCADE.  An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, as defined hereinafter.

 

ADULT BOOKSTORE.  An establishment that has a substantial portion (over 25% of total retail space) of its stock‑in‑trade and offers for rent or sale, for any consideration, any one or more of the following:

 

(a)  Books, magazines, periodicals or other printed matter, photographs, films, motion pictures video cassettes, slides or other visual representations characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

 

(b)  Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

 

ADULT BUSINESS.  An adult business shall be defined as any business activity, club or other establishment which permits its employees, members, patrons or guest on its premises to exhibit any specified anatomical areas before any other person or persons.


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ADULT MOTION PICTURE THEATER.  An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion (25%) of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

 

ADULT THEATER.  A theater, concert hall, auditorium or similar establishment characterized by (activities featuring) the exposure of specified anatomical areas or by specified sexual activities.

 

MASSAGE.  Any manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping, by hand or mechanical device.

 

MASSAGE BUSINESS.  Any establishment or business wherein massage is practiced, including establishments commonly known as massage studios or massage parlors.  Specifically excluded from this definition are massages under the direct supervision of a licensed physician or by a masseuse licensed in the state or where massage is an accessory to the principal use, except as an accessory to use category 35.000, such as at health clubs and beauty salons.

 

SEXUALLY-ORIENTED BUSINESS.  Any business activity, club or other establishment, within which the exhibition, showing, rental or sale of materials distinguished or characterized by an emphasis on material depicting, describing or exhibiting specified anatomical areas or relating to specified sexual activities is permitted.  SEXUALLY-ORIENTED BUSINESSES shall include, but are not limited to:  adult arcades, adult bookstores, adult motion picture theaters, adult theaters and massage businesses, as defined by this section.

 

SPECIFIED ANATOMICAL AREAS.  Less than completely and opaquely covered human genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola.

 

SPECIFIED SEXUAL ACTIVITIES.

 

(a)  Human genitals in a state of stimulation or arousal;

 

(b)  Acts of human masturbation, sexual intercourse or sodomy; or

 

(c)  Fondling of other erotic genitals, pubic regions, buttocks or female breasts.

 

TOTAL RETAIL SPACE.  Any space within the structure that is used for the direct sale of merchandise to the public and storage areas for those items.


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(E)  Adult and/or sexually-oriented businesses shall be subject to the following restrictions:

 

(1)  Adult and/or sexually-oriented businesses may be located only in an I‑2 industrial zoning district provided a special use permit is obtained.

 

(2)  No adult and/or sexually-oriented business shall be permitted in any building:

 

(a)  Located within 1,000 feet in any direction from a building used as a residential dwelling and any R‑1, R‑2, R‑3 and GUD zoning districts;

 

(b)  Located within 1,000 feet in any direction from a building in which an adult and/or sexually-oriented business is located;

 

(c)  Located within 1,000 feet in any direction from a building used as a church, synagogue or other house of worship;

 

(d)  Located within 1,000 feet in any direction from a building used as a public school or as a state licensed day-care center; or

 

(e)  Located within 1,000 feet in any direction from any lot or parcel on which a public playground, public swimming pool or public park is located.

 

(3)  Except for signs as permitted herein, promotional displays and presentations shall not be visible to the public from sidewalks, walkways or streets.

 

(4)  Determination of parking requirements shall be the responsibility of the Zoning Administrator who shall use the table found in § 151.111 as a guide (such as adult motion picture theaters shall provide parking as is required for other motion picture theaters; adult and/or sexually-oriented businesses shall provide parking as is required for dance halls, bars and nightclubs and the like.)

 

(F)  (1)  Any adult and/or sexually-oriented business lawfully operating on the effective date of this chapter, that is in violation of this chapter shall be deemed a nonconforming use.  Any use which is determined to be nonconforming by application of the provisions of this section shall be permitted to continue for a period not to exceed two years.  The nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use.  If a nonconforming use is discontinued for a period of 180 days or more it shall not be reestablished.  If two or more adult and/or sexually-oriented adult businesses are within 1,000 feet of one another and otherwise in a permissible location, the business which was first established and continually operating at its present location shall be considered the conforming use and the later‑established business(es) shall be considered nonconforming.

 

(2)  An adult and/or sexually-oriented adult business lawfully operating as a conforming use shall not be rendered nonconforming by the subsequent location of a church, house of worship, day-care

 

 

 

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center, school, playground, public swimming pool or public park within 1,000 feet of the adult and/or sexually-oriented business.

(Ord. passed 12-15-97)

 

 

§ 151.217  PRIVATELY OWNED LANDFILLS, CONVENIENCE SITES AND RELATED FACILITIES.

 

A privately-owned landfill, convenience site or related facility (Table of Special Uses, use code no. 15.320) may be located in an I‑1 or an I‑2 district with a zoning permit, subject to the following:

 

(A) The applicant must show written evidence of having received all required state and federal permit prior to the issuance of the zoning permit and prior to any use of the site for a landfill.

 

(B)  The applicant must show written evidence of a valid and properly executed franchise issued by the county pursuant to G.S. § 153A‑136 prior to the issuance of the zoning permit and prior to any use of the site for a landfill.

 

(C)  The plans and specifications for the landfill and any facilities related thereto, including any infrastructure serving the property or the site, shall be reviewed by an engineer and other technical advisers so appointed by the Administrator.  Prior to any use of the site as a landfill, such plans and specifications must receive the written approval of the Administrator following consultations, with the engineer and other technical advisers appointed by the Administrator.

 

(D) Prior to any use of the site as a landfill, the applicant shall reimburse the county for all reasonable expenses incurred in reviewing the application.  Such expenses shall include administrative costs and advisory fees incurred by the County, including any legal, engineering, or other professional fees.

(Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

 

MAJOR SUBDIVISION DESIGN REQUIREMENTS; REVIEW

PROCEDURES AND APPROVAL PROCESS

 

 

§ 151.230  LANDS SUBJECT TO SUBDIVISION REGULATIONS WITHIN THIS CHAPTER.

 

(A) For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

SUBDIVISION.  All divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the purpose, whether immediate or in the future, of sale or building development and shall include all divisions of land involving the dedication of a new street or a change in existing

 

 

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streets; provided, that the following shall not be included within this definition nor be subject to the regulations prescribed by this chapter:

 

(a)  The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown by the regulations prescribed by this chapter;

 

(b)  The division of land into parcels greater than ten acres where no street right-of‑way dedication is involved;

 

(c)  The public acquisition by purchase of strips of land for the widening or opening of streets;

 

(d)  The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right‑of‑way dedication is involved and where the resultant lots are equal to or exceed the standards of the county, as shown by the subdivision regulations contained in this chapter; or

 

(e)  The gift by a property owner of a single lot to each of the property owner’s children or parents where the lot fronts upon a state-maintained road, and is large enough to meet all applicable state and local health codes and all other local ordinances.

 

(B)  Exemption of a partition of land from the definition of SUBDIVISION shall not exempt any resulting lots, tracts or parcels from meeting the requirements of this chapter for the granting of zoning, building or improvements permits.

 

(C)  No structure may be erected, installed or otherwise placed on a lot created on or after June 3, 2002 where that lot is not either served by a state maintained road or is not served by a private road or right-of-way built and maintained to state road standards.  Structures erected for use on a bona fide farm are exempt from this division.

 

(D) No parcel created under this section of otherwise created as an “exemption” from the subdivision rules, ordinances or laws of the county or the state may be further subdivided into any more than one lot plus the residual parcel within five years of it having been created.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

 

 

 

 

 

 

 

 

 

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§ 151.231  GENERAL.

 

(A) No plat of a subdivision within the jurisdiction of the County Planning Board shall be accepted for recordation by the Register of Deeds until and unless final approval has been given by the County Board of Commissioners, the County Planning Board or the County Administrator acting as the authorized agent of the County Board of Commissioners or Planning Board.  To obtain final plat approval, the subdivider shall generally follow the procedures contained herein.  The provisions contained in this section shall apply to all subdivisions having six lots or more and not otherwise meeting the criteria for minor, private access or common open space subdivisions, as described in §§ 151.260 through 151.263 and 151.275 through 151.278 and within §§ 151.290 through 151.297.

 

(B)  Any expenses involved in the improvement of any property prior to the written receipt of preliminary plat approval by the County Commissioners shall be incurred solely at the risk of the owner/developer.  Preliminary plat approval shall in no way be construed as constituting an official action of approval for recording of the subdivision as required by this subchapter.

 

(C)  Concurrent submittals of initial sketch, preliminary and/or final plats will not be accepted for review.  However, concurrent submittals of preliminary and final plat may be allowed by the Planning Department when no improvements are required.

(Ord. passed 12-15-97)

 

 

§ 151.232  DESIGN STANDARDS AND CRITERIA.

 

All major subdivisions shall be designed to meet the following requirements:

 

(A) Streets and roads.

 

(1)  All streets paved.  All streets within a subdivision must be developed to meet current state standards for road construction as contained in the Subdivision Roads, Minimum Construction Standards Handbook, as revised, published by the State Department of Transportation.

 

(2)  Coordination and continuation of streets.  The proposed street layout within a subdivision shall be coordinated with the existing street system of the surrounding area and, where possible, existing principal streets shall be extended.

 

(3)  Access to adjacent properties.  Where, in the opinion of the Board of Commissioners, it is necessary to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of the property and a temporary turnaround easement shall be provided.  The use of residential strips of land in order to prevent the extension of proposed or existing streets or access thereto is prohibited.  Landlocked parcels shall not be created.


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(4)  Marginal access streets.  Where a tract of land to be subdivided adjoins a principal arterial street, the subdivider may be required to provide a marginal access street parallel to the arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial.  Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial.  Also, a 25-foot non‑access buffer zone will be required on the side of the lot which abuts the principal arterial street.  A ten-foot buffer may be considered sufficient if the vegetation creates a year‑round opaque screening or a combination of vegetation adjacent (facing) the right‑of‑way with a six-foot fence of solid construction from the ground up is provided.  This buffer zone may be counted toward the open space requirement platted as open space or may be counted as a portion of each individual lot.

 

(5)  Construction standards.  All streets intended to be dedicated to the state shall have rights‑of‑way and construction meeting standards set by the State Department of Transportation for acceptance and maintenance as part of the state system of highways.  The Division of Highways, through its District Highway Engineer, must approve the plat with respect to road construction, road width and right‑of‑way prior to recording.  Without the approval, the plat cannot be recorded.  All private streets intended to remain under the maintenance, control and responsibility of a developer or homeowner's association shall provide certification by a licensed engineer that the streets have been constructed to state standards, without regard to minimum right‑of‑way requirements.

 

(6)  Signs.

 

(a)  Proposed streets which are obviously in alignment with existing streets shall be given the same name.  In assigning new names, duplication of existing names shall be avoided and in no case shall the proposed name be phonetically similar to existing names irrespective of the use of a suffix such as street, road, drive, place, court and the like.  Street names shall be subject to the approval of the Planning Board.  The subdivider shall be required to provide, erect and arrange for maintenance of street signs of a legible and durable construction.  At least two street name signs shall be placed at each four‑way street intersection and at least one at each “T” intersection.  Signs shall be installed free of visual obstruction.  Street name signs shall conform to County and State Department of Transportation standards.

 

(b)  Traffic-control signs and signals, if deemed necessary by the State Department of Transportation, shall be erected and maintained by the developer at each street intersection within the subdivision and at each intersection of a subdivision street and a state‑maintained road or access road. Signs shall comply with county and the State Department of Transportation regulations with regards to size, shape, color, location and information contained thereon.  At least two or more traffic-control signs shall be placed at each four‑way street intersection and at least one at each “T” intersection.  Signs shall be installed free of visual obstruction.


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(7)  Through traffic discouraged on collector and minor streets.  Collector and minor streets shall be so laid out that their use by through traffic will be discouraged.  Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools and other places of public assembly.

 

(8)  Cul-de-sacs.  No cul-de-sac or dead end street shall exceed 1,000 feet in length nor be less than 100 feet in length, as measured from the closest street intersection centerline.  Cul‑de‑sacs will be designed and constructed to meet state standards and NFPA standards.  In addition, the entrance into the cul‑de-sac shall be flared by sufficient width to ensure proper turning radius for emergency vehicles upon entering and exiting the cul‑de‑sac.

 

(9)  Intersections. Intersections shall be designed to be more than 125 feet apart.

 

    (10)  Access.  Where access to a subdivision site is by a road not meeting current state standards, that road shall be improved by the developer to meet current state standards.

 

(B)  Wetlands.  Where any lot or site includes an area of CAMA wetlands, as determined by on‑site evaluation by the Division of Coastal Management Staff, the wetland area may not be counted as part of the minimum square footage required of any lot for development nor for any requirement for open space.  CAMA wetlands are those lands which are subject to regular or periodic flooding and bear characteristic vegetation or as defined in the State Administrative Code described as any salt marsh or other marsh subject to regular or occasional flooding by tides, including wind tides provided this shall exclude hurricane or tropical storm tides.  All 404 wetlands must be delineated and approved by the U.S. Army Corps of Engineers and a statement entered on the plat stating the existence of 404 wetlands on the property.  Minimum lot areas may include 404 wetlands.

 

(C)  Soils.  No lots requiring over 24 inches of fill on over 50% of the lot shall be developed or used for building purposes.

 

(D) Water access.  For subdivisions of 20 or more lots, where property being subdivided abuts public trust or estuarine waters, adequate areas suitable for access to those waters by the property owners shall be established.  At a minimum, this area shall include 20,000 square feet, shall be contiguous to the tract being developed and must include a minimum of 20 linear feet of shoreline.

 

(E)  Utility and drainage easements.  Each subdivision must provide 10-foot easements for utilities and drainage, including but not limited to water and sewer mains along rear and side lot lines and 15 feet along front lines for service to all lots within the subdivision.  Additional easements may be required due to topography or other physical features.  Where a development concept is approved which requires zero lot line development, alternative easement locations may be considered.

 

 

 

 

 

 

 

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118                                        Camden County - Land Usage

 

 

(F)  Drainage.

 

(1)  Each subdivision shall provide adequate storm drainage for all areas in the subdivision.  A combination of storage and controlled release of stormwater run‑off is required.  The release rate of stormwater from all developments shall not exceed the ten‑year stormwater run‑off from the area in its natural state (post-development vs. pre‑development).  All free flowing storm drainage systems shall be designed to accommodate the run‑off generated by a ten‑year design storm or State Department of Transportation (NCDOT) standards if more restrictive and the system will be maintained by NCDOT if the system is located within the NCDOT right‑of‑way.  Plans must show, at minimum, the following information:

 

(a)  All culvert inverts, including driveway culverts;

 

(b)  Direction of flow;

 

(c)  Elevation data of drainways, ditches, swales and the like to outlet;

 

(d)  Drainage calculations for drainway design within boundaries of proposed subdivision and off‑site, if appropriate; and

 

(e)  Total pre‑development and post‑development run‑off in CFS (cubic foot per second) volume leaving development area.

 

(2)  Plans must address maintenance of the drainage system and who will be the responsible party to ensure proper maintenance is performed on the drainage system.  The plan will be reviewed and inspected by county planning and technical review staff.

 

(G) Erosion.  Cut and fill shall be limited to affecting no more than 50% of the site.  Fill shall not encroach on natural water courses, their floodplains or constructed channels in a manner so as to adversely affect water bodies or adjacent property owners.  Sediment traps, basins and other control measures for limiting erosion will be installed per a state approved erosion and sedimentation control plan and will be reviewed and inspected by county planning and technical review staff.

 

(H) Cultural and historic.  The developer shall not destroy buildings and structures of cultural or historic significance, as determined by county technical staff in consultation with state preservation officials.  No developer may usurp, abolish or restrict public access areas to the waters of the Pasquotank and North Rivers or the Albemarle Sound or other local bays, sounds, creeks, rivers or canals which public access has been historically enjoyed by the people of the county.

 

(I)   Dedication.  The developer of any subdivision having 50 or more lots shall provide for land or improvements as authorized under G.S. § 153A-331.     

 

(1)  Schools.  Where the County Commissioners and Board of Education have identified property for school sites pursuant to law, the developer shall set aside such property.

 

 

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(2)  Community service facilities.  The county may require the donation of land and the construction of community service facilities in accordance with county policies and standards to assure compliance with these requirements.  Any land to be donated (or community service facilities to be constructed) shall be completed prior to recording of the final plat.  The amount of land to be donated shall not be less than one acre of community facility property per 50 lots or fraction thereof.  The decision as to which land shall be donated shall be the sole discretion of the county.

 

(3)  Recreational land.  For recreational land, the developer shall at the county's option, make a payment to the county an amount of money equal to the value of one acre of land per 50 lots or fraction thereof as it would be appraised following its subdivision.  Otherwise the developer shall set aside one acre per 50 lots or fraction thereof.  Such land shall be in the name of the Homeowner's Association with the title recorded in the Camden County Registry prior to recording the final plat.

 

(J)   Lots.

 

(1)  Every lot shall front or abut a state maintained road or paved subdivision street, except as provided for in a private access subdivision.  Lot sizes, shapes and locations shall be made with due regard to topographic conditions, contemplated use and surrounding area.  Minimum lot width shall be in accordance with §§ 151.060 through 151.068.

 

(2)  Lots shall conform to the area, dimensional and building setback requirements as prescribed in this chapter for the appropriate zoning district in which the proposed subdivision will be located.

 

(3)  Double frontage or reverse frontage lots shall be avoided, except when used in conjunction with the provisions for marginal access streets.  Double frontage lots require a non‑access buffer of 25 feet in addition to other dimensional requirements.

 

(4)  Corner lots shall be ten feet wider than the required minimum in order to accommodate the additional setback required.  Residential driveways on corner lots having frontage along a major arterial street shall be designed not to ingress/egress on major arterial streets.

 

(5)  Side lot lines shall be substantially at right angles or radial to street lines.  Where side lot lines intersect at the rear of the lot, the angle of intersection shall not be less than 60 degrees.

 

(a)  Prior to the approval of the final plat, permanent reference points shall have been established in accordance with the requirements set forth in this section.

 

(b)  At least one corner of the subdivision shall be designated by course and distance (tie) from a readily discernible reference marker.

 

(c)  If a corner is within 2,000 feet of a U.S. Geodetic Survey or NC Grid System coordinated monument, then this corner shall be marked with a monument so designated by computed X and Y coordinates which shall appear on the map with a statement identifying this monument to an accuracy of at least one to 10,000.

 

 

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120                                        Camden County - Land Usage

 

 

(d)  When a monument is not available, the tie shall be made to some pertinent and readily recognizable landmark or identifiable point, physical object or structure.  However, if in the opinion of the Planning Board, a subdivision is of a small size, or if there is an existing tie within a reasonable distance of the subdivision, this shall not be required.

 

(e)  Within each subdivision, at least two monuments designed and designated as control corners shall be installed.  The surveyor shall employ additional monuments, if required.

 

(f)   All monuments shall be constructed of #4 rebar surrounded by three-inch PVC pipe and filled with concrete.

 

(g)  Each monument shall be set 24 inches in the ground unless this requirement is impractical because of unusual conditions.

 

(h)  The allowable angular error of closure and the linear error of closure for surveys shall be in accordance with Standards of Practice for Land Surveying published by the State Board of Registration for Land Surveyors.

 

(K)  Flood elevation marker.  Where a subdivision contains more than five lots or more than five acres, there shall be located in the subdivision at least one flood elevation marker established by a registered land surveyor.

 

(L) Community mail boxes.  When the United States Postmaster requires in writing use of one or more community mailboxes in a major subdivision or planned unit development, the applicant must show on the preliminary plat and final plat, the location of the community mail box(es).

 

(M)Bus stops.

 

(1)  The applicant for all major subdivisions and planned unit developments must show on the preliminary plat and final plat the location of bus stops that shall be used for the pick‑up and drop‑off of school children.

 

(2)  (a)  Bus stops shall be located at locations within the preliminary and final plat as approved by the School Superintendent or his or her designee.

 

(b)  Each bus stop shall be not less than six feet long and three feet deep with a bench running the length of the rear of the bus stop.

 

(c)  The sides of each bus stop shall be made of a clear or semi‑clear material and the roof shall be constructed to keep rain off persons standing inside the bus stop.

 

(3)  A note shall be placed on the preliminary and final plat stating that the Homeowner's Association shall be responsible for the maintenance of the bus stops.

 

 

 

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(4)  The requirements for a bus stop may be waived upon written approval of the waiver by the School Superintendent or his or her designee.

(Ord. passed 12-15-97; Am. Ord. 2001-10-03, passed 10-1-01; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.233  REQUIRED MAJOR SUBDIVISION SUBMISSION DOCUMENTS AND

INFORMATION.

 

 

 

 

Sketch Plat

 

Preliminary Plat

 

Final Plat

 

Project; Plat Information:

 

Name of subdivision, township, county, state

 

X

 

X

 

X

 

Name, signature, license number, seal and address of engineer, land surveyor, architect, planner and/or landscape architect involved in preparation of plat

 

X

 

X

 

X

 

Vicinity map:  one inch equals 2,000 feet or larger

 

X

 

X

 

X

 

North arrow and scale

 

Scale to be one inch equals 200 feet or larger

 

X

 

 

 

 

 

Scale to be one inch equals 100 feet

 

 

 

X

 

X

 

Number of copies required:

 

Ten black or blue line copies with one 8½ x 11-inch reduced copy

 

X

 

X

 

 

 

Ten black or blue line copies, plus one copy suitable for reproduction (drawn in ink on mylar, vellum, film or a reverse sepia); plus one 8½ x 11-inch reduced copy

 

 

 

 

 

X

 

Payment of application fees

 

X

 

X

 

X

 

Property information:  location and general description of existing structures, property lines, paths, streets, roads, railroads, ditches, canals, streams, water courses, bridges, culverts, storm drainage pipes, utility lines and structures, water lines, septic systems, wells, easements, rights-of-way within the property to be subdivided and within 50 feet of the exterior property lines

 

Approximate location

 

X

 

 

 

 

 

Actual location

 

 

 

X

 

 

 

Ownership of adjoining property

 

X

 

X

 

X

 

The boundaries of the property and the portion of the property to be subdivided, together with metes and bounds description showing dimensions, bearings and distances

 

X

 

X

 

X

 

 

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122                                        Camden County - Land Usage

 

 

 

 

 

Sketch Plat

 

Preliminary Plat

 

Final Plat

 

Total acreage of the property to be subdivided

 

X

 

X

 

X

 

Minimum lot size and the total number of lots

 

  Approximate size and total lots

 

X

 

 

 

 

 

  Actual size and total lots

 

 

 

X

 

X

 

The zoning classification of the property and of adjacent properties

 

X

 

X

 

X

 

Tentative surface and subsurface drainage

 

 

 

X

 

 

 

Location of land to be dedicated or reserved for public or private use (parks, recreational sites, open space requirements, reserved utility space and the like) and their area, accompanied by provisions concerning their future ownership and maintenance

 

  Approximate location and area

 

X

 

 

 

 

 

  Actual location and area

 

 

 

X

 

X

 

Lot lines to be shown for the entire tract, no future development area left undefined

 

  Approximate location

 

X

 

 

 

 

 

  Actual location with dimensions

 

 

 

X

 

X

 

Location or areas, if any, to be used for non-residential purposes

 

  Approximate location

 

X

 

 

 

 

 

  Actual location

 

 

 

X

 

X

 

Development information:  location, widths and purpose of any proposed natural buffers, pedestrian/ bicycle/jogging trails or courses, right-of-way or other easements, location(s) of existing cemeteries, layout of any proposed utilities (sewer, water, drainage, gas, electricity or telephone lines) showing connections to existing systems or easements reserved for proposed or potential systems, location of community water or community sewage disposal systems; location of any proposed ponds or other storm drainage features

 

  Approximate location and area

 

X

 

 

 

 

 

  Actual location and area

 

 

 

X

 

X

 

Minimum building setback lines shall be shown on each individual lot

 

 

 

X

 

X

 

Layout of lot arrangement, including lot lines, dimensions and lot and block numbers

 

 

 

X

 

X


                                                    Unified Development                                               123

 

 

 

 

 

Sketch Plat

 

Preliminary Plat

 

Final Plat

 

Any rezoning requests, if necessary, for the project to develop as proposed

 

X

 

 

 

 

 

Signature block for Chairperson, Board of Commissioners

 

 

 

 

 

X

 

Appropriate certification blocks

 

 

 

X

 

X

 

Copy of Homeowner's Association documents and any restrictive covenants applicable to development which are to be recorded

 

 

 

 

 

X

 

Street addressed must be shown on each lot

 

 

 

X

 

X

 

Community mailboxes

 

  Proposed location

 

 

 

X

 

 

 

  Actual location

 

 

 

 

 

X

 

Bus stops

 

  Proposed location

 

 

 

X

 

 

 

  Actual location

 

 

 

 

 

X

 

Setting; Environmental Information:

 

Base flood elevation lines, as delineated on the flood insurance rate maps of the county

 

  Approximate location

 

X

 

 

 

 

 

  Actual location

 

 

 

X

 

X

 

Determination by the Local Coastal Area Management Act (CAMA) Permit Officer as to whether the proposal is or is not located within any area of environmental concern

 

 

 

X

 

 

 

Location and area of all designated areas of environmental concern within the subdivision or other such areas which are environmentally sensitive, such as CAMA wetlands or 404 wetlands, as defined by the U.S. Army Corps of Engineers

 

  Approximate location and area

 

X

 

 

 

 

 

  Actual location and area

 

 

 

X

 

X


124                                        Camden County - Land Usage

 

 

 

 

 

Sketch Plat

 

Preliminary Plat

 

Final Plat

 

Location of natural features such as wooded areas, swamps, water courses, floodplains, soil types and the like on site and within 100 feet of exterior property line

 

  Approximate location

 

X

 

 

 

 

 

  Actual location

 

 

 

X

 

 

 

Contour intervals of two feet flood elevation date may be required; grading plan may be required

 

 

 

X

 

 

 

Improvements and Construction Information:

 

Location of street rights-of-way, cul-de-sacs, turnarounds and the like with design widths and distances in linear feet; must show all paved areas and areas to be graveled

 

  Approximate location

 

X

 

 

 

 

 

  Actual location

 

 

 

X

 

X

 

Street names

 

  Proposed

 

X

 

 

 

 

 

  Actual

 

 

 

X

 

X

 

Site identification signs, traffic-control signs, street name signs and directional signs

 

  Show locations and type

 

 

 

X

 

 

 

  Must be erected

 

 

 

 

 

X

 

Engineering data:  approximate street grade, design data for street corners and curves, plan view for streets and water/sewer lines.  Any additional data which may be required by the State Department of Transportation, County Public Works Department or any of the other official reviewing agencies

 

 

 

X

 

 

 

Site evaluations reviewed and approved on each individual lot by the county's Health Department.  If centralized or community systems are being proposed, then reviews and approvals are required by the appropriate state reviewing agency

 

 

 

X

 

 

 

Drainage calculations in order to comply with state stormwater regulations

 

 

 

X

 

 


                                                    Unified Development                                               125

 

 

 

 

 

Sketch Plat

 

Preliminary Plat

 

Final Plat

 

Soil erosion and sedimentation control plan, as reviewed and approved by DEHNR-Land Quality Section

 

 

 

X

 

 

 

Proposed utility infrastructure plans, including sanitary sewer, water, stormwater management, telephone, electric and cable television

 

 

 

X

 

 

 

Location and construction details of either wet or dry fire hydrants

 

 

 

X

 

 

 

Lighting plan and details, if proposed

 

 

 

X

 

 

 

Landscape and tree-planting plan with details, if required

 

 

 

X

 

 

 

Solid waste management-dumpster plan, if required

 

 

 

X

 

 

 

Sight triangles

 

 

 

X

 

X

 

Two copies of as-built plans to be submitted, showing any utilities, drainage and infrastructure improvements installed

 

 

 

 

 

X

 

Construction details, as required by Ch. 151 of the code of ordinances

 

 

 

X

 

X

 

Monumentation set and control corner established

 

 

 

 

 

X

 

Payment per lot connection fees for county water

 

 

 

 

 

X

 

For subdivisions containing 20 or more lots, the information listed below shall be provided; the number of lots shall be determined by counting the cumulative number of lots created on a tract as such boundaries that existed as of the effective date of Ch. 151 of the code of ordinances by anyone who owned, had an option on or any legal interest in the original subdivision

 

Development Impact Statement:

 

Physical analysis (type of units expected, including number of bedrooms, projected value, size and timing of phases and the like

 

X

 

 

 

 

 

Housing market analysis (delineate market area, project demand, supply and unmet demand, determine net capture, identify development profile)

 

X

 

 

 

 

 

Environmental impact (water consumption estimated per unit type, available water resources, report outlining sewer generation and means of disposal)

 

X

 

 

 

 


126                                        Camden County - Land Usage

 

 

 

 

 

Sketch Plat

 

Preliminary Plat

 

Final Plat

 

Fiscal analysis (estimated real property valuation, estimated personal property valuation, estimated annual land transfer tax value)

 

X

 

 

 

 

 

Traffic analysis (estimated number of trips generated, volume of existing traffic on roads adjacent to and within one-half mile of tract, directional distribution of traffic, capacity analysis)

 

X

 

 

 

 

 

(Ord. passed 12-15-97; Am. Ord. 2001-10-03, passed 10-1-01; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.234  CERTIFICATION BLOCKS REQUIRED FOR MAJOR SUBDIVISIONS.

 

(A) The appropriate certificate blocks as set forth below shall appear on all copies of the final plat or any other plats, as required by § 151.232.

 

(B)  It is suggested in order to eliminate confusion that all certification blocks and other detail or design information be grouped on a separate single sheet of the plat plans.

 

(1)  Certificate of Approval.

 

I hereby certify that all streets shown on this plat are within Camden County, all streets and other improvements shown on this plat have been installed or completed and that the subdivision shown on this plat is in all respects in compliance with the Camden County Unified Development and, therefore, this plat has been approved by the Camden County Planning Board and signed by the Chairperson, Board of Commissioners, subject to its being recorded in the Camden County Registry within ninety (90) days of the date below.

 

                                                                                                                                   

Date                                                  Chairperson, Board of Commissioners

 

(2)  Certificate of Ownership and Dedication.

 

I hereby certify that I am the owner of the property described hereon, which property is located within the subdivision regulation jurisdiction of Camden County, that I hereby freely adopt this plat of subdivision and dedicate to public use all area shown on this plat as streets, alleys, walks, parks, open space and easements, except those specifically indicated as private and that I will maintain all such areas until the offer of dedication

 

 

 

 

 

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is accepted by the appropriate public authority. All property shown on this plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such use is approved by the appropriate public authority in the public interest.

 

                                                                                                                              

Date                                                  Owner

 

I,                                  , a notary public of                         County, North Carolina, do hereby certify that  personally appeared before me this date and acknowledged the due execution of the foregoing certificate.

 

Witness my hand and official seal this                     day of                       ,                 .

                                                                        My commission expires                          .  Notary Public

 

(3)  Approval notation.  The developer shall place in a conspicuous manner upon the final plat of the subdivision prior to final plat approval a notation containing the following words:

 

Open space and ponds required to be provided by the developer in accordance with Ch. 151 of the code of ordinances shall not be dedicated to the public, except upon written acceptance by the County, but shall remain under the ownership and control of the developer (or his or her successor) or a Homeowner's Association or similar organization that satisfies the criteria established in § 151.198 of the county's code of ordinances.

 

(4)  Certificate of Survey and Accuracy.

 

(a)  Certificate.

 

I,                                                                  , certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in Book               , Page                 , (other); that the boundaries not surveyed are clearly indicated as drawn from information found in Book                , Page        ,  that the ratio of precision as calculated is                 ; that this plat was prepared in accordance with G.S. § 47‑30, as amended.  Witness my original signature, registration number and seal this                     day of                        ,                    .

 

(Seal or Stamp)

                                                                                                                              

Surveyor                                                                               Registration Number

 

(b)  Other contents.  The plat must contain a certificate prepared by the surveyor and shown on the plat attesting to one of the following statements:

 

1.   The survey creates a subdivision of land within the area of a county that has an ordinance that regulates parcels of land;


128                                        Camden County - Land Usage

 

 

2.   The survey is located in a portion of the county that is unregulated as to an ordinance that regulates parcels of land;

 

3.   Any one of the following:

 

a.   The survey is of an existing parcel or parcels of land and does not create a new street or change an existing street;

 

b.   The survey is of an existing building, other structure or natural feature, such as a watercourse; or

 

c.   The survey is a control survey.

 

4.   The survey is of another category, such as the recombination of existing parcels, a court‑ordered survey or other exception to a definition of subdivision; and

 

5.   The information available to the surveyor is such that the surveyor is unable to make a determination to the best of the surveyor's professional ability as to provisions contained in divisions (B)(4)(b)1. through 4. above.

 

(c)  Additional contents.  However, if the plat contains the certificate of a surveyor as stated in divisions (B)(4)(b)1., 4. and 5. above, then the plat shall have, in addition to the surveyor's certificate, a certificate of approval from the review officer before the plat may be presented to the Register of Deeds for recordation.

 

(d)  Recordation.  If the plat contains the certificate of the surveyor as stated in divisions (B)(4)(b)2. and 3. above, nothing shall prevent the recordation of the plat if all other provisions have been met.

 

(5)  Division of Highway District Engineer Certificate for Public Streets, if applicable.

 

I hereby certify that the public streets shown on this plat are intended for dedication and have been completed in accordance with at least the minimum specifications and standards of the NC Department of Transportation for acceptance of subdivision streets on the NC highway system for maintenance.

 

                                                                                                                            

Date                                                          District Engineer


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(6)  Engineer Certificate for Private Streets, if applicable.

 

I hereby certify that the private streets shown on this plat are intended for private use and will remain under the control, maintenance and responsibility of the developer and/or a homeowner's association and that they have been completed in accordance with at least the minimum specifications and standards of the State Department of Transportation.

 

                                                                                                                                    

Date                                                  Licensed Engineer

 

(7)  Additional statement.  If the subdivision is located within a State Coastal Area Management Act area of environmental concern, the preliminary plat shall contain a statement as follows, signed by the coastal area management permit officer:

 

This subdivision (or portions thereof) is located within an Area of Environmental Concern.

 

                                                                                                                                    

Date                                           Coastal Area Management Permit Officer

 

(8)  Engineer Certification of Stormwater Improvements.

 

In the subdivision entitled                                                                 , stormwater drainage improvements have been installed (1) according to plans and specifications prepared by                                                                                                                          , or (2) according to As‑Built plans submitted by                                                                          and approved by the County.  Camden County assumes no responsibility for the design, maintenance or the guaranteed performance of the stormwater drainage improvements and their effects.

 

                                                                                                                      

Registered Land Surveyor/Civil Engineer                            Date

                                                                              

Registration Number


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(9)   Certificate of Review Officer.

 

State of North Carolina

County of Camden

 

I,                                                                                              , Review Officer of Camden County, certify that the map or plat to which this certification is affixed meets all statutory requirements for recording.

 

                                                                                                                

Review Officer                                                                     Date

 

(10)Health Department certificate.

 

This subdivision, entitled ____________, has been designed for the construction of individual sewage systems and meets the criteria and requirements of the District Health Department based on existing conditions and regulations.  The District Health Department reserves the right to require additional improvements to these properties and to limit the number of bedrooms and size of structure based on site conditions upon issuance of the final site improvements permits.  This certification does not constitute a warranty and is issued based on this subdivision being serviced.

 

                                                                                                                       

Date                                                                 District Health Department

 

(11)NCDOT compliance with rules and regulations.

 

I hereby certify that these streets as installed (or as designed and guaranteed by the applicant) are in accordance with the minimum design criteria presently required by the North Carolina Department of Transportation, Division of Highways for acceptance of subdivision streets onto the system for maintenance.

 

                                                                                                                            

Date                                           District Engineer NC Department of Transportation

Division of Highways

 

(12)Subdivided property within floodway.  If any portion of the property to be subdivided lies within a floodplain or floodway, the plat must show the boundary of the floodway or floodplain and contain in clearly discernable print the statement “Use of land within a floodway or floodplain is substantially restricted by the Camden County Code.”

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

Statutory reference:

Plats, subdivisions, and mapping requirements, see G.S. § 47‑30

 

 

 

 

 

 

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§ 151.235  SKETCH DESIGN PLAN PROCEDURES.

 

(A) A pre‑application conference between the subdivider and the Administrator shall occur prior to any presentation to the Planning Board.  Any effort to secure this conference is the sole responsibility of the subdivider or his or her agent.  The primary purpose of this conference is to provide assistance and guidance to the subdivider for the swift and least uninterruptible review of the proposed subdivision. To ensure an equal understanding, this conference will provide a mutual exchange of basic information that is needed to facilitate and clarify the requested review process for all major subdivisions.

 

(B)  To carry out the purpose of the pre‑application conference, the subdivider and the Administrator shall be responsible for the following actions:

 

(1)  Actions by the subdivider.

 

(a)  The subdivider shall present an outline, drawing, sketch or draft of the area to be subdivided that will accurately provide site information for reasonable discussion.

 

(b)  The subdivider shall provide general site information regarding water supply, sewage disposal, surface and subsurface drainage, flood hazard areas, street dedications and soil erosion and sedimentation control requirements for the development of the tract.

 

(c)  Any further supportive plans or information that may be required for the determination of this review status.

 

(2)  Actions by the Administrator.  The Administrator will provide to the subdivider all necessary guidance as to the required review process for the particular tract in question based upon the information given by the subdivider and the following points of public concern.

 

(a)  The subdivider will be informed if a change in zoning shall be required for the subject tract or part thereof.

 

(b)  The subdivider must initiate any necessary rezoning applications.

 

(c)  In no event will any preliminary plat be presented for approval prior to the Board of Commissioners approval of the requested zoning change.

 

(d)  Direct assistance to the subdivider to ensure full compliance with the subdivision regulations.

 

(e)  Outline the other public agencies that the subdivider must approach for explicit direction.

 

 

 

 

 

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(f)   Any further information that will aid the subdivider to meet the requirements of the review process.

(Ord. passed 12-15-97)

 

 

§ 151.236  SKETCH DESIGN PLAN REVIEW PROCESS.

 

(A) The subdivider/developer shall submit a completed application form and all supplementary materials to the Planning Department no later than 20 working days prior to the next regularly scheduled Planning Board meeting date.  A fee shall be charged upon submission of the sketch design plans application as specified in the adopted fee schedule of the county.

 

(B)  The subdivider must also submit a copy of the sketch plan and any accompanying material a minimum of 15 working days prior to the submittal date identified above to those public officials and agencies concerned with new development.  Verification of meeting this requirement will be required. Review comments and recommendations from the technical review staff shall be submitted simultaneous with submittal to the Planning Department.  The Administrator will help to advise the subdivider concerning which agencies are applicable for a given proposal.

 

(C)  (1)  The sketch plan shall be submitted to the Administrator prior to the Planning Board meeting at which time it will be reviewed.  The staff shall review the sketch plan for general compliance with the requirements of this chapter and other official plans, ordinances and policies of the county.

 

(2)  The technical review staff shall make recommendations to the planning staff including any recommendations received from other public officials and agencies reviewing the proposal that is concerned with new development.

 

(D) The technical review staff at the sketch plan stage will generally consist of the County Water Department or water authority which is to service the proposed subdivision, local Health Department, local Volunteer Fire Department, Superintendent of Schools, State Department of Transportation, Sheriff, local cable television provider, United States Postal Service postmaster for the area encompassing the subdivision, and local Soil Conservation Service.

 

(E)  The subdivider/developer or his or her agent must attend the Planning Board meeting and all subsequent Board meetings for presentation of the application to the appropriate boards and to answer any questions by Board members and others.

 

(F)  The Planning Board shall discuss, with the subdivider/developer or his or her agent, changes deemed advisable, if any, and the kind and extent of improvements to be made.

 

(G) Upon hearing all remarks and recommendations by the subdivider/developer or his or her agent, county staff and technical review staff, the Planning Board shall recommend to approve, approve conditionally, disapprove or table the application.

 

 

 

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(H) Within 60 days from the date of its first review of the sketch plan, the Planning Board will forward the plat along with its recommendations, including any conditions or modifications, to the Board of Commissioners.  Failure to forward the plat within the allotted time shall have the same effect as a recommendation for approval.

 

(I)   During the first regularly scheduled monthly meeting of the Board of Commissioners, following recommendation by the Planning Board, the Board of Commissioners will set a public hearing date to hear any and all remarks presented by the subdivider/developer, staff comments and recommendations, technical staff comments and others.

 

(J)   The subdivider/developer or his or her agent must attend the Board of Commissioners meeting and all subsequent Board meetings for presentation of the application and to answer any questions by Board members and others.

 

(K)  The Board of Commissioners shall discuss with the subdivider/developer or his or her agent changes deemed advisable, if any, and the kind and extent of improvements to be made by him or her.

 

(L)  (1)  Upon conclusion of the public hearing, the Board of Commissioners may approve, approve conditionally, disapprove or table the request as set forth in the Board of Commissioner's rules of procedures and by state law.

 

(2)  Because of the conceptual presentation involved this shall not constitute an official action of approval of the subdivision for recordation.

 

(M) Receiving approval from the Board of Commissioners shall allow the subdivider/developer to proceed with submission of all materials and information required for the preliminary plat review process and to seek all permits as required under this subchapter, §§ 151.260 through 151.263 and 151.275 through 151.278.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.237  PRELIMINARY PLAT PROCEDURES.

 

(A) For every subdivision which does not qualify for the abbreviated procedure outlined in §§ 151.260 through 151.263 and 151.275 through 151.278, the subdivider shall submit to the Administrator a preliminary plat which must be reviewed by the technical review staff, county planning staff, the Planning Board and approved by the Board of Commissioners before any construction or installation of improvements can begin.

 

(B)  The subdivider shall submit copies of the preliminary plat and any accompanying material to those public officials and agencies concerned with new development.  The Administrator will help to advise the subdivider concerning which agencies are applicable for a given proposal, but it will ultimately be the subdivider's responsibility to obtain the required permits and approvals.

 

 

 

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(C)  The preliminary plat shall be submitted to the Administrator prior to the Planning Board meeting at which time it will be reviewed.  The staff shall review the preliminary plat for general compliance with the requirements of this chapter and other official plans, ordinances and policies of the county.  The technical review staff shall make recommendations to the planning staff and Planning Board including any recommendations received from other public officials and agencies reviewing the proposal that is concerned with new development.

 

(D) The technical review staff consists of: the County Water Department or water authority which is to service the proposed subdivision; local Health Department; local Volunteer Fire Department; Postal Service; Soil Conservation Service; Division of Coastal Management; U.S. Army Corps of Engineers; Superintendent of Schools; Department of Environment, Health and Natural Resources‑Division of Land Resources‑Land Quality Section; Division of Environmental Management‑Groundwater Section, Air Quality Section; Division of Health Services (DHS); State Department of Transportation; Eastern North Carolina Natural Gas, local power company; local phone company and local cable company, as applicable; and other agencies as needed or necessary.

 

(E)  (1)  All construction permits and approvals must be obtained by the subdivider/developer from all local, state and federal agencies requiring the approval of the development prior to submission of the preliminary plat for review by the Planning Board.

 

(2)  The burden of obtaining all necessary permits and approvals are hereby the subdivider/developer's responsibility.

(Ord. passed 12-15-97; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.238  PRELIMINARY PLAT REVIEW PROCESS.

 

(A) The subdivider/developer shall submit all supplementary materials required under this subchapter, §§ 151.260 et seq. and 151.275 et seq. and a completed application form to the Planning Department at least 30 working days prior to the next scheduled Planning Board meeting at which it can be reviewed.  A fee shall be charged upon submission of the preliminary plat application, as specified in the adopted fee schedule of the county.

 

(B)  The subdivider/developer or his or her agent must attend the Planning Board and all subsequent Board meetings for presentation of the application to the appropriate boards and to answer any questions by Board members and others.

 

(C)  The Planning Board shall discuss with the subdivider/developer or his or her agent changes deemed advisable, if any, and the kind and extent of improvements to be made by him or her.

 

(D) Upon hearing all remarks and recommendations by the subdivider/developer or his or her agent, county staff and technical review staff, the Planning Board shall recommend approval, approve conditionally, disapprove or table the application.

 

 

 

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(E)  Within 60 days from the date of its first review of the preliminary plat, the Planning Board will forward the plat along with its recommendations, including any conditions or modifications, to the Board of Commissioners.  Failure to forward the plat within the allotted time shall have the same effect as a recommendation for approval.

 

(F)  During the second regularly scheduled monthly meeting of the Board of Commissioners following recommendation by the Planning Board, the Board of Commissioners will hear any and all remarks presented by the subdivider/developer, staff comments and recommendations, technical staff comments and others.  The Board of Commissioners may approve, approve conditionally, disapprove or table the application.

 

(G) If the preliminary plat is approved or approved conditionally, it shall be noted on two copies of the plat by the Board of Commissioners' Chairperson or his or her designee.  One copy shall be returned to the subdivider/developer and one copy shall be retained by the Planning Department.  If the preliminary plat is disapproved, the Board of Commissioners' Chairperson or his or her designee shall specify the reasons for the action in writing.  One copy will then be attached and forwarded to the subdivider/developer and one copy will be retained by the Planning Department.

 

(H) (1)  Upon receiving approval of the preliminary plat by the Board of Commissioners, the subdivider will receive a construction permit/letter from the Planning Department.  Construction permits/letters must be issued prior to any land disturbing activities commencing on the development.  Construction permits/letters can be obtained when all required permits have been obtained by the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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subdivider, reviewed by the Administrator and meets or exceeds all requirements of this chapter.  Failure to obtain the construction permit/letter prior to any land disturbing activities may be cause for revocation of preliminary plat approval by the Board of Commissioners.

 

(2)  If the proposed plans substantially change, at the direction of the Administrator, modifications shall be reviewed by the Planning Board and Board of Commissioners, as a regular agenda item, unless determined to be and handled as a new application, which shall require a public hearing.

 

(I)   Upon approval of the preliminary plat by the Board of Commissioners, the subdivider may proceed with the preparation of the final plat and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this subchapter, §§ 151.260 et seq. and 151.275 et seq.  Prior to approval of a final plat, the subdivider shall have installed the improvements in accordance with the approved preliminary plat and the requirements of this chapter or guaranteed their installation as provided in § 151.243.

 

(J)   Except when specifically provided for in the approval of a plan for completing the development in phases as per § 151.511, preliminary plat approval will remain valid for two years following approval by the Board of Commissioners, after which it is null and void unless granted a written extension by the Board of Commissioners for a period not to exceed one year.  The Board of Commissioners shall grant no more than one extension for a preliminary plat, or any phase thereof.  No extension may be granted unless applied for before preliminary plat approval has expired.

 

(K)  Preliminary plat approval shall in no way be construed as constituting an official action of approval for recording of the subdivision as required by this subchapter, §§ 151.260 et seq. and 151.275 et seq.

(Ord. passed 12-15-97; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

Statutory reference:

Plats, subdivisions, and mapping requirements, see G.S. § 47‑30

 

 

§ 151.239  FINAL PLAT PROCEDURES.

 

(A) No final plat will be accepted for review by the Planning Board unless accompanied by written notice by the Administrator acknowledging compliance with § 151.237.

 

(B)  The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at this time.  The portion shall conform to all requirements of this chapter.  No final plat shall be approved unless and until the subdivider shall have installed in that area represented on the final plat all improvements required by this chapter or shall have guaranteed their installation, as provided in § 151.243.

 

(C)  The subdivider shall submit the final plat to the Administrator not less than 20 working days prior to the regular Planning Board meeting at which it will be considered.  Further, the plat shall be

 

 

 

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submitted not more than two years after the date on which the preliminary plat was approved, otherwise the approval shall be null and void unless a written extension of this time limit is granted by the Board of Commissioners on or before the two-year anniversary of the approval.

 

(D) The final plat shall be prepared by a surveyor licensed and registered to practice in the state. The final plat shall substantially conform to the provisions for plats, subdivisions and mapping requirements, as set forth in G.S. § 47‑30, Plats and Subdivisions; Mapping Requirements, as amended.

 

(E)  Final plats shall be of a size suitable for recording with the County Register of Deeds.  Maps may be placed on more than one sheet with appropriate match lines.

 

(F)  Submission of the final plat shall be accompanied by a filing fee as specified in the adopted fee schedule of the county.

(Ord. passed 12-15-97)

 

 

§ 151.240  FINAL PLAT REVIEW PROCESS.

 

(A) The subdivider/developer shall submit all supplementary materials required under this subchapter, §§ 151.260 through 151.263 and 151.275 through 151.278 and a completed application form to the Planning Department at least 20 working days prior to the Planning Board meeting at which it is to be heard.

 

(B)  The subdivider/developer or his or her agent must attend the Planning Board and all subsequent Board meetings for presentation of the application to the Board and to answer any questions by Board members and others.

 

(C)  Upon hearing all remarks and recommendations by the subdivider/developer or his or her agent, county staff and technical review staff, as needed, the Planning Board, shall approve, approve conditionally, disapprove or table the application.  The Planning Board shall act on final plats in lieu of the Board of Commissioners, in accordance with G.S. § 153A‑332.

 

(D) (1)  If the final plat is approved or approved conditionally, it shall be noted on two copies of the plat by the Board of Commissioners' Chairperson or his or her designee.  One copy shall be returned to the subdivider/developer and one copy shall be retained by the Planning Department.  If the final plat is disapproved, the Board of Commissioners' Chairperson or his or her designee shall specify the reasons for the action in writing.

 

(2)  One copy will then be attached and forwarded to the subdivider and developer and one copy will be retained by the Planning Department.

(Ord. passed 12-15-97)

 


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§ 151.241  PLAT APPROVAL NOT ACCEPTANCE OF DEDICATION OFFERS.

 

(A) Approval of a plat does not constitute acceptance by the county or other public agency of the offer of dedication of any streets, sidewalks, parks or other public facilities shown on a plat.

 

(B)  However, the county or other public agency may, to the extent of its statutory authority, accept the offer of dedication by resolution of the governing body or by actually exercising control over and maintaining the facilities.

(Ord. passed 12-15-97)

 

 

§ 151.242  PROTECTION AGAINST DEFECTS.

 

(A) Whenever, pursuant to § 151.245, occupancy, use or sale is allowed before the completion of all facilities or improvements intended for dedication, then the letter of credit or the surety that is posted, pursuant to § 151.245, shall guarantee that any defects in the improvements or facilities that appear within one year after the dedication of the facilities or improvements is accepted or within 18 months after the facilities are completed, whichever occurs first, shall be corrected by the developer.  For purposes of this section, the Administrator shall determine the date of completion of the facilities.

 

(B)  Whenever all public facilities or improvements intended for dedication are installed before occupancy, use or sale is authorized, then the developer shall post a letter of credit or other sufficient surety guarantee that he or she will correct all defects in the facilities or improvements that occur within one year after the offer of dedication of the facilities or improvements is accepted or within 18 months after the completion of the facilities, whichever occurs first.  For purposes of this section, the Administrator shall determine the completion date of the facilities.

 

(C)  An architect or engineer retained by the developer shall certify to the county that all improvements have been constructed in accordance with the requirements of this chapter.  This certification shall be a condition precedent to acceptance by the county of the offer of dedication of the facilities or improvements.

 

(D) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

DEFECTS.

 

(a)  Any condition in facilities or improvements offered for public dedication that requires the county or other public authority to make repairs in the facilities over and above the normal amount of maintenance that they would require.


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(b)  If the defects appear, the guaranty may be enforced regardless of whether the facilities or improvements were constructed in accordance with the requirements of this chapter.

(Ord. passed 12-15-97)

 

 

§ 151.243  MAINTENANCE OF DEDICATED AREAS UNTIL ACCEPTANCE.

 

(A) All facilities and improvements with respect to which the owner makes an offer of dedication to public use shall be maintained by the owner until the offer of dedication is accepted by the appropriate public authority.

 

(B)  The developer of any development containing streets intended for public dedication shall post a letter of credit or other sufficient surety to guarantee that the streets will be properly maintained until the offer of dedication is accepted by the State Department of Transportation.

 

(1)  This maintenance guarantee may be combined with any provided under § 151.243.

 

(2)  The amount of the security shall generally constitute 15% of the cost of the improvements. The developer shall provide information sufficient to determine the cost of the improvements.

 

(C)  The Board may relieve the developer of the requirements of this section if it determines that a property owner’s association has been established for the development and that this association has assumed and is capable of performing the obligations set forth in division (A) above.

(Ord. passed 12-15-97)

 

 

§ 151.244  ACCEPTABLE BOND TERMS AND METHODS.

 

The following types of bonds/guarantees will be acceptable to the Board for the purpose of satisfying maintenance (generally 15%) and performance guarantees (generally 115%) prior to recording of the final plat:

 

(A) Surety bonds by a licensed surety bond company;

 

(B)  Irrevocable letters of credit, on forms approved by the County Attorney with a banking institution insured by the FDIC or some other reputable banking institution; and

 

(C)  Cash bond with the Finance Officer named as trustee.

(Ord. passed 12-15-97)


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§ 151.245  AUTHORIZATION TO FILE.

 

(A) Upon approval of the final plat the subdivider shall have authorization to file the plat with the Register of Deeds.

 

(B)  Approval shall be null and void for any plat not recorded within 90 days.

(Ord. passed 12-15-97)

 

 

§ 151.246  REPLATTING OR RESUBDIVISION OF LAND.

 

(A) For any replatting or resubdivision of land, the same procedures, rules and regulations contained in § 151.231 shall apply as prescribed for an original subdivision.

 

(B)  (1)  Lot sizes may, however, be varied on an approved plat after recording.

 

(2)  No lot or tract shall be created or sold that is smaller than the size shown on the approved plat.

 

(3)  Drainage easements shall not be changed; rights‑of‑way shall not be changed.

 

(4)  Street alignment and block sizes shall not be changed.

 

(5)  The rear portion of the lots shall not be subdivided from the front part.

 

(6)  The character of the area shall be maintained.

(Ord. passed 12-15-97; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

 

MINOR SUBDIVISION REQUIREMENTS; REVIEW AND APPROVAL PROCESS

 

 

§ 151.260  ABBREVIATED PROCEDURE FOR MINOR SUBDIVISIONS.

 

(A) The abbreviated procedure affords the sale of lots and/or tracts of land which qualify as subdivisions under the definition in the state statutes, but which have less impact on the county than would a subdivision which is larger or requires more extensive improvements.

 

(B)  Subdivisions of land which involve no street right‑of‑way dedication, possible utility extension and where five or fewer lots, including the residual parcel, if any, result after the subdivision is completed require submission of a final plat in accordance with the contents requirements in § 151.261.  A minor subdivision involving the creation of only one lot (including any residual) may be approved by

 

 

 

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zoning permit so long as another lot (or lots) is not created on the original property within five years. If one or more additional lots are proposed to be created on the original property within five years of recording the lot that was authorized by zoning permit, then any further lot or lots must be approved by special use permit.

 

(C)  The abbreviated procedure may not be used on the same parcel a second time on the same parcel of land within five years on any contiguous property within 1,500 feet when measured from the original property boundaries, those in effect on the adoption date of this chapter, to the proposed newly created lot lines and rights-of-ways.

 

(D) A soil evaluation from the County Health Department (Albemarle Regional Health Services), which states that on-site wastewater treatment systems may be used of each parcel, must be obtained prior to approval of the minor subdivision plat.  This requirement shall not apply when the applicant can demonstrate in writing that the parcel(s) will be served by a public sewer system.

 

(E)  Plats of minor subdivisions may be approved by the Administrator; however, the Administrator may submit the plat to the technical staff for review prior to approval.  The subdivider shall submit one signed Mylar (18-inch x 24-inch) and five copies of the surveyed plat to the Administrator who shall review the information for compliance with the standards of review of subdivisions.  Where one tract of two acres or more is divided so as to create not more than two lots the subdivider shall only be required to submit five, 8½‑inch x 14‑inch copies of a plat provided that all requirements regarding contents of the plat are satisfied.  One approved copy will be returned to the subdivider and must be recorded with any deed transferring a lot shown on the plat.

 

(F)  A minor subdivision plat shall be prepared by a surveyor, licensed and registered to practice in the state.  The plat shall be drawn at a scale not to exceed one inch equals 100 feet.

 

(G) No minor subdivision may be recorded until all required improvements have been installed and inspected by the Administrator.

 

(H) No minor subdivision may be recorded until written confirmation has been received by the administrator that the plat has been received by the United States Postal postmaster for the area encompassing the subdivision and the comments have been considered by the applicant.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.261  DESIGN STANDARDS.

 

All minor subdivision plats shall be designed to meet the following requirements.

 

(A) Streets and roads.  All lots shall meet or exceed minimum lot width on a state maintained street.

 

(B)  Wetlands.  Where any lot or site includes an area of CAMA wetland as determined by on‑site evaluation of the Division of Coastal Management Staff, the wetland area may not be counted as part

 

 

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of the minimum square footage required of any lot for development and shall be shown on the plat.  All 404 wetlands must be delineated and approved by U.S. Army Corps of Engineers and a statement entered on the plat stating the existence of 404 wetlands on the property.  Minimum lot area can include 404 wetland areas.

 

(C)  Soils.  No lot requiring over 24 inches of fill to attain required separation from seasonal high water table for on‑site septic system shall be developed or used for building purposes.

 

(D) Zoning.  All lots will conform to the requirements of this chapter especially as to dimension of lots.

 

(E)  Water.  All applicants for a minor subdivision must connect each newly created lot to a public water supply system if any boundary of a newly created lot is located within 1,000 feet of a public water supply system.  All water lines and related improvements shall be constructed pursuant to state and local laws and approved by the Administrator.  This requirement shall not apply if the applicant provides a written statement signed by an official of each public water supply system in the county that the public water supply system does not plan to provide water service to the property within five years of the date of the minor subdivision application.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.262  CONTENTS.

 

(A) A minor subdivision plat shall depict or contain the following:

 

(1)  Title information, including the name of the subdivision, the owner of the property, the township where the property is located, name and address of the preparer and vicinity map showing location to principal roads;

 

(2)  Existing information, including boundaries of the tract to be subdivided, together with bearings and distances; location of property lines, streets, structures, water courses, railroads, utility transmission lines and structures, water lines, bridges, culverts, storm drainage pipes, easements within the tract to be subdivided and within 50 feet of the property line and ownership of adjoining land;

 

(3)  Natural features, including the location of wooded areas, swamps, wetlands and water bodies, including streams, sounds and the like;  (Soil types and contour intervals of two feet may be required at the discretion of the Administrator.  Flood zone designations, as depicted on flood insurance rate maps, must be shown on the plat.)

 

(4)  Development information, including proposed natural buffers, location(s) of existing cemeteries, pedestrian, bicycle and other rights‑of‑way and other easements, their location, width and purpose; layout of lot arrangements, including lot lines, lot dimensions; square footage; and lot and block numbers; layout of proposed utilities (sewer, water, drainage, gas, electricity, telephone) showing

 

 

 

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connection to existing systems or easements reserved for proposed or potential systems;  (Where a development concept is approved which requires zero lot line development, alternative easements may be considered.)

 

(5)  Site data, including acreage in total number of lots and average lots sizes and any proposed modifications to topography; and

 

(6)  A statement certifying the following shall appear on all minor subdivisions.

 

The residual parcel(s), if any, meet or exceed the minimum lot size as specified within the Camden County Unified Development Ordinance.

 

                                                                                                                             

Date                                                  Surveyor

 

(B)  The following certifications are required on each plat:

 

(1)  Certificate of Approval.

 

I hereby certify that the Minor Subdivision shown on this plat does not involve the creation of new public streets or any change in existing public streets, that the subdivision shown is in all respects in compliance with the Camden County Unified Development Ordinance and that therefore this plat has been approved by the Camden County Administrator subject to its being recorded in the Office of the Camden County Register of Deeds within thirty (30) days of the date below.

 

                                                                                                                             

Date                                                          Administrator

 

(2)  Certificate of Ownership and Rededication.

 

I hereby certify that I am the owner of the property described hereon, which property is located within the subdivision regulation jurisdiction of Camden County, that I hereby freely adopt this plat of subdivision and dedicate to public use all areas shown on this plat as streets, alleys, walks, parks, open space and easements, except those specifically indicated as private and that I will maintain all such areas until the offer of dedication is accepted by the appropriate public authority. All property shown on this plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such use is approved by the appropriate public authority in the public interest.

 

                                                                                                                                    

Date                                                  Owner

 

 

 

 

 

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                                                    Unified Development                                               143

 

 

(3)  Certificate of Survey and Accuracy.

 

I,                                                                    , certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in Book             , Page               ,(other); that the boundaries not surveyed are clearly indicated as drawn from information found in Book              , Page              ; that the ratio of precision as calculated is                  ; that this plat was prepared in accordance with G.S. § 47‑30, as amended.  Witness my original signature, registration number and seal this                   day of                            ,                         .

 

(Seal or Stamp)

                                                                                                                             

Surveyor                                                                 Registration Number

 

(a)  The plat must contain a certificate prepared by the surveyor and shown on the plat attesting to one of the following statements:

 

1.   The survey creates a subdivision of land within the area of a county that has an ordinance that regulates parcels of land;

 

2.   The survey is located in a portion of the county that is unregulated as to an ordinance that regulates parcels of land;

 

3.   Any one of the following:

 

a.   The survey is of an existing parcel or parcels of land and does not create a new street or change an existing street;

 

b.   The survey is of an existing building, other structure or natural feature, such as a watercourse; or

 

c.   The survey is a control survey.

 

4.   The survey is of another category, such as the recombination of existing parcels, a court‑ordered survey or other exception to a definition of subdivision; and

 

5.   The information available to the surveyor is such that the surveyor is unable to make a determination to the best of the surveyor's professional ability as to provisions contained in divisions (B)(3)(a)1. through 4. above.

 

(b)  However, if the plat contains the certificate of a surveyor as stated in divisions (B)(3)(a)1., 4. and 5. above, then the plat shall have, in addition to the surveyor's certificate, a certificate of approval from the review officer before the plat may be presented to the Register of Deeds for recordation.

 

 

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(c)  If the plat contains the certificate of the surveyor as stated herein above, nothing shall prevent the recordation of the plat if all other provisions have been met.

 

(4)  Certificate of Review Officer.

 

State of North Carolina

County of Camden

 

I,                                            , Review Officer of Camden County, certify that the map or plat to which this certification is affixed meets all statutory requirements for recording.

 

                                                                                                                              

Review Officer                                                                     Date

 

(C)  If any portion of the property to be subdivided lies within a floodplain or floodway, the plat must show the boundary of the floodway or floodplain and contain in clearly discernable print the statement, “Use of land within a floodway or floodplain is substantially restricted by the Camden County Code.”

 

(D) If the minor subdivision is required to provide a connection to a public water supply system, then the plat shall contain the following statement:  “The developer is required to install all water lines and related improvements.”

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.263  MINOR SUBDIVISION APPROVAL.

 

(A) The Administrator shall approve or disapprove minor subdivision final plats in accordance with the provisions of this chapter.

 

(B)  (1)  The applicant for minor subdivision plat approval may submit a sketch plat to the Administrator for a determination of whether the approval process authorized by this subchapter, §§ 151.230 et seq. and 151.275 et seq. can be and should be utilized.

 

(2)  The Administrator may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to a copy of the tax map showing the land being subdivided.

 

(C)  (1)  The Administrator shall take expeditious action on an application for minor subdivision plat approval, as provided herein.

 

(2)  However, either the Administrator or the applicant may, at any time, refer the application to the major subdivision approval process.

 

 

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                                                    Unified Development                                               145

 

 

(D) (1)  Not more than a total of five lots, including a residual lot, may be created out of one tract using the minor subdivision plat approval process, regardless of whether or not the lots are created at one time.

 

(2)  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

TRACT.  A separate tract in existence on the effective date of this chapter.

 

(E)  The Administrator shall approve the proposed subdivision unless the subdivision is not a minor subdivision or the proposed subdivision fails to comply with division (D) above or any other applicable requirement of this chapter.

 

(F)  At the discretion of the Administrator, minor subdivisions may be reviewed by other agencies and officials.

 

(G) If the subdivision is disapproved, the Administrator shall promptly furnish the applicant with a written statement, when requested, of the reasons for disapproval.

 

(H) (1)  Approval of any plat is contingent upon the plat being recorded within 30 days after the date the certificate of approval is signed by the Administrator.

 

(2)  If a plat is not recorded within the 30-day period it shall become null and void.

(Ord. passed 12-15-97)

 

 

 

PRIVATE ACCESS SUBDIVISION REQUIREMENTS; REVIEW AND APPROVAL PROCESS

 

 

§ 151.275  ABBREVIATED PROCEDURE FOR PRIVATE ACCESS SUBDIVISIONS.

 

(A) The abbreviated procedure affords the sale of lots and/or tracts of land which qualify as subdivisions under the definition in the state statutes, but which have less impact on the county than would a subdivision which is larger or requires more extensive improvements.

 

(B)  Subdivisions of land which involve street right‑of‑way dedication, possible utility extension and where five or fewer lots, including the residual parcel, if any, result after the subdivision is completed require submission of a final plat in accordance with § 151.276.  A private access subdivision involving the creation of only one lot (including any residual) may be approved by zoning permit so long as another lot (or lots) is not created on the original property within five years.  If one or more additional lots are proposed to be created on the original property within five years of recording the lot that was authorized by zoning permit, then any further lot or lots must be approved by special use permit.

 

 

 

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(C)  A subdivider will be allowed to add‑on a lot or lots anytime provided the total lots subdivided does not exceed the number allowed by this subchapter, §§ 151.230 through 151.246 and 151.260 through 151.263 and the right‑of‑way and road is sufficiently upgraded to meet minimum standards.

 

(D) This procedure may not be used a second time within five years on any contiguous property within 1,500 feet when measured from the original property boundaries, those in effect on the effective date of this chapter, to the proposed newly created lots and right‑of‑way.

 

(E)  A soil evaluation from the County Health Department (Albemarle Regional Health Services), which states that on-site wastewater treatment systems may be used of each parcel, must be obtained prior to approval of the private access subdivision plat.  This requirement shall not apply when the applicant can demonstrate in writing that the parcel(s) will be served by a public sewer system.

 

(F)  Plats of private access subdivisions of five lots or less, including the residual, may be approved by the Administrator; however, the Administrator may submit the plat to the technical staff for review prior to approval.  The subdivider shall submit one signed Mylar (18 inches x 24 inches) and five copies of the surveyed plat to the Administrator who shall review the information for compliance with the standards of review of subdivisions.  Where one tract of two acres or more is divided so as to create not more than two lots, the subdivider shall only be required to submit five, 8½‑inch by 14‑inch copies of a plat, provided that all requirements regarding contents of the plat are satisfied.  One approved copy will be returned to the subdivider and must be recorded with any deed transferring a lot shown on the plat.

 

(G) A private access subdivision plat shall be prepared by a surveyor, licensed and registered to practice in the state.  The plat shall be drawn at a scale not to exceed 1 inch equals 100 feet.

 

(H) Lots having a minimum lot width of 30 feet on a state maintained road or subdivision street meeting state standards for design and construction may be created provided all standards within this subchapter, §§ 151.230 through 151.246, and 151.260 through 151.263 are met.

 

(I)   No minor subdivision may be recorded until all required improvements have been installed and inspected by the Administrator.

 

(J)   No private access subdivision may be recorded until written confirmation has been received by the Administrator that the plat has been reviewed by the United States Postal postmaster for the area encompassing the subdivision and the comments have been considered by the applicant.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.276  DESIGN STANDARDS.

 

All private access subdivision plats shall be designed to meet the following requirements.

 

(A) Streets and roads. 

 

 

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                                                    Unified Development                                               147

 

 

(1)  All lots shall have minimum lot width on state maintained or improved subdivision streets as specified in this chapter.

 

(2)  On or after May 5, 2003, no private access subdivision may be approved or recorded where the right‑of‑way to one or more lots is wholly or in part located on property not owned by the person applying for the subdivision.  Where the right‑of‑way is located wholly or in part on the property of another person, then the person submitting the application must have recorded a perpetual easement from the person owning the property and such easement must allow for the installation and maintenance of any and all improvements required by law within the right‑of‑way.  Private access subdivision final plats shall include the deed book and page reference of this perpetual easement.

 

(3)  The purpose of this restriction is to ensure that the private right‑of‑way is paved and otherwise improved to NCDOT standards.

 

(B)  Wetlands.  Where any lot or site includes an area of CAMA wetland, as determined by on‑site evaluation of the Division of Coastal Management Staff, the wetland area may not be counted as part of the minimum square footage required of any lot for development and shall be shown on the plat.  All 404 wetlands must be delineated and approved by U.S. Army Corps of Engineers and a statement entered on the plat stating the existence of 404 wetlands on the property.  Minimum lot area can include 404 wetland areas.

 

(C)  Soils.  No lot requiring over 24 inches of fill to attain required separation from seasonal high water table for on‑site septic system shall be developed or used for building purposes.

 

(D) Zoning.  All lots will conform to the requirements of this chapter especially as to dimension of lots.

 

(E)  Single ownership.  The original parcel is in single ownership and has frontage on a state maintained road or subdivision street meeting state standards for design and construction.  Any lot not meeting the minimum lot width requirements of §§ 151.060 through 151.068 will be allowed to utilize the private access subdivision process provided all other requirements of this chapter can be met.

 

(F)  Right-of-way.  The right‑of‑way serving the lots must have a graded and drained surface stabilized with a minimum of three inches of all weather base (aggregate) materials.  Subdivisions of three or less lots must install a drive with a minimum width of ten feet using any type of surface material, aggregate, clay, gravel, crushed shells and the like, which will adequately service properties in all weather conditions and which is properly graded and drained.  Furthermore, a 35-foot unimproved radius area must remain free of septic systems, buildings and the like in order to accommodate the turning around of vehicles.  Subdivisions of four or more lots are to have a minimum three-foot aggregate all weather base (crush and run) at least 18 feet in width, and a 35-foot improved turning radius is required.  The county may require preliminary and final approval procedure, as for major subdivisions, where new work on the right‑of‑way would be required.

 

(G) Single service.  No single right‑of‑way may serve more than one private access subdivision.

 

 

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(H) Multiple service.  No single right‑of‑way may serve more than five lots, including any residual parcels, regardless of size.  When possible a 45-foot right‑of‑way shall be given, but in no case will less than a 30-foot right‑of‑way be permitted.

 

(I)   Signs.

 

(1)  Proposed streets which are obviously in alignment with existing streets shall be given the same name.  In assigning new names, duplication of existing names shall be avoided and in no case shall the proposed name be phonetically similar to existing names irrespective of the use of a suffix such as street, road, drive, place, court and the like.  Street names shall be subject to the approval of the Planning Department.  The subdivider shall be required to provide, erect and arrange for maintenance of street signs of a legible and durable construction.  At least two street name signs shall be placed at each four‑way street intersection and at least one at each “T” intersection.  Signs shall be installed free of visual obstruction.  Street name signs shall conform to county and State Department of Transportation standards.

 

(2)  Traffic-control signs, and signals if deemed necessary by the State Department of Transportation, shall be erected and maintained by the developer at each street intersection within the subdivision and at each intersection of a subdivision street and a state maintained road or access road. Signs shall comply with county and the Department of Transportation regulations with regards to size, shape, color, location and information contained thereon.  At least two or more traffic-control signs shall be placed at each four‑way street intersection and at least one at each “T” intersection.  Signs shall be installed free of visual obstruction.

 

(J)   Water.  All applicants for a minor subdivision must connect each newly created lot to a public water supply system if any boundary of a newly created lot is located within 1,000 feet of a public water supply system.  All water lines and related improvements shall be constructed pursuant to state and local laws and approved by the Administrator.  This requirement shall not apply if the applicant provides a written statement signed by an official of each public water supply system in the county that the public water supply system does not plan to provide water service to the property within five years of the date of the minor subdivision application.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.277  CONTENTS.

 

(A) A private access subdivision plat shall depict or contain the following:

 

(1)  Title information: including the name of the subdivision, the owner of the property, the township where the property is located, name and address of the preparer and vicinity map showing location to principal roads;

 

(2)  Existing information: boundaries of the tract to be subdivided, together with bearings and distances; location of property lines, streets, structures, water courses, railroads, utility transmission

 

 

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                                                    Unified Development                                             148A

 

 

lines and structures, water lines, bridges, culverts, storm drainage pipes and easements within the tract to be subdivided and within 50 feet of the property line and ownership of adjoining land;

 

(3)  Natural features: the location of wooded areas, swamps, wetlands and water bodies (streams, sounds and the like).  Soil types and contour intervals of two feet may be required at the discretion of the Administrator.  Flood zone designations, as depicted on “Flood Insurance Rate Maps,” must be shown on the plat;

 

(4)  Development information: proposed natural buffers, location(s) of existing cemeteries, pedestrian, bicycle and other rights‑of‑way and other easements, their location, width and purpose.  Layout of lot arrangements, including lot lines, lot dimensions, square footage and lot and block numbers.  Layout of proposed utilities (sewer, water, drainage, gas, electricity, telephone) showing connection to existing systems or easements reserved for proposed or potential systems.  Where a development concept is approved which requires zero lot line development, alternative easements may be considered.  Site data: acreage in total number of lots and average lot sizes.  Any proposed modifications to topography;

 

(5)  A statement certifying the following shall appear on all private access subdivisions:

 

The residual parcel(s), if any, meet or exceed the minimum lot size as specified within the Camden County Unified Development Ordinance.

 

                                                                                                                             

Date                                                  Surveyor

 

(B)  The following certifications are required on each plat:

 

(1)  Certificate of Approval.

 

I hereby certify that the Private Access Subdivision shown on this plat does involve the creation of new streets but no change in existing public streets, that the subdivision shown is in all respects in compliance with the Camden County Unified Development Ordinance and that therefore this plat has been approved by the Camden County Administrator subject to its being recorded in the Office of the Camden County Register of Deeds within thirty (30) days of the date below.

 

                                                                                                                             

Date                                                          Administrator

 

 

 

 

 

 

 

 

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(2)  Certificate of Ownership and Dedication.

 

I hereby certify that I am the owner of the property described hereon, which property is located within the subdivision regulation jurisdiction of Camden County, that I hereby freely adopt this plat of subdivision and dedicate to public use all areas shown on this plat as streets, alleys, walks, parks, open space and easements, except those specifically indicated as private and that I will maintain all such areas until the offer of dedication is accepted by the appropriate public authority. All property shown on this plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such use is approved by the appropriate public authority in the public interest.

 

                                                                                                                                    

Date                                                  Owner

 

I,                                   , a notary public of                            County, North Carolina, do hereby certify that                                                  personally appeared before me this date and acknowledged the due execution of the foregoing certificate.

 

Witness my hand and official seal this                  day of                 , 20      .

 

                                  

Notary Public

 

My commission expires                                      

 

 

(3)  Certificate of Survey and Accuracy.

 

I,                                                                    , certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in Book             , Page               , etc.) (other); that the boundaries not surveyed are clearly indicated as drawn from information found in Book              , Page              ; that the ratio of precision as calculated is 1:                 ; that this plat was prepared in accordance with G.S. § 47‑30, as amended.  Witness my original signature, registration number and seal this                   day of                       ,                      , AD.

 

(Seal or Stamp)                                                                                                            

Surveyor

Registration Number

 

(a)  The plat must contain a certificate prepared by the surveyor and shown on the plat attesting to one of the following statements:

 

 

 

 

 

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                                                    Unified Development                                             148C

 

 

1.   The survey creates a subdivision of land within the area of a county that has an ordinance that regulates parcels of land;

 

2.   The survey is located in a portion of the county that is unregulated as to an ordinance that regulates parcels of land;

 

3.   Any one of the following:

 

a.   The survey is of an existing parcel or parcels of land and does not create a new street or change an existing street;

 

b.   The survey is of an existing building, other structure or natural feature, such as a watercourse; or

 

c.   The survey is a control survey.

 

4.   The survey is of another category, such as the recombination of existing parcels, a court‑ordered survey or other exception to a definition of subdivision; and

 

5.   The information available to the surveyor is such that the surveyor is unable to make a determination to the best of the surveyor's professional ability as to provisions contained in division (B)(3)(a)1. through 4. above.

 

(b)  However, if the plat contains the certificate of a surveyor as stated in division (B)(3)(a)1., 4. and 5. above, then the plat shall have, in addition to the surveyor's certificate, a certificate of approval from the review officer before the plat may be presented to the Register of Deeds for recordation.

 

(c)  If the plat contains the certificate of the surveyor as stated herein above, nothing shall prevent the recordation of the plat if all other provisions have been met.

 

(4)  Certificate of Review Officer.

 

State of North Carolina

County of Camden

 

I,                                            , Review Officer of Camden County, certify that the map or plat to which this certification is affixed meets all statutory requirements for recording.

 

                                                                                                                              

Review Officer                                                                     Date

 

 

 

 

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(C)  A disclosure statement must be entered on the plat indicating that “Further subdivision of any lot shown on this plat as served by a road or street may be prohibited by the Camden County Unified Development Ordinance unless the roads or streets shown on this plat are improved to state standards.  These roads do not meet state standards for assumption of maintenance due to inadequate ROW and/or construction or lack of public dedication.  It is not the function of county government in the State of North Carolina to construct or maintain roads.  Maintenance of the road or street as depicted on this plat shall be the responsibility of the developer and/or individual property owner(s).”

 

(D) If any portion of the property to be subdivided lies within a floodplain or floodway, the plat must show the boundary of the floodway or floodplain and contain in clearly discernable print the statement, “Use of land within a floodway or floodplain is substantially restricted by the Camden County Code.”

 

(E)  If the minor subdivision is required to provide a connection to a public water supply system, then the plat shall contain the following statement: “The developer is required to install all water lines and related improvements.” 

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.278  PRIVATE ACCESS SUBDIVISION PLAT APPROVAL.

 

(A) The Administrator shall approve or disapprove minor subdivision final plats in accordance with the provisions of this chapter.

 

(B)  The applicant for private access plat approval may submit a sketch plan to the Administrator for a determination of whether the approval process authorized by this subchapter, §§ 151.230 et seq. and 151.260 et seq. can be and should be utilized.  The Administrator may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to a copy of the tax map showing the land being subdivided.

 

(C)  The Administrator shall take expeditious action on an application for private access subdivision plat approval as provided herein.  However, either the Administrator or the applicant may, at any time, refer the application to the major subdivision approval process.

 

(D) The Administrator shall approve the proposed subdivision unless the subdivision is not a private access subdivision or the proposed subdivision fails to comply with § 151.263(B) or any other applicable requirement of this chapter.

 

(E)  If the subdivision is disapproved, the Administrator shall promptly furnish the applicant with a written statement, when requested, of the reasons for disapproval.

 

(F)  Approval of any plat is contingent upon the plat being recorded within 30 days after the date the certificate of approval is signed by the Administrator.  If a plat is not recorded within the 30-day period, it shall become null and void.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

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                                                    Unified Development                                             148E

 

 

COMMON OPEN SPACE SUBDIVISIONS

 

 

§ 151.290  PURPOSE.

 

(A) The purposes of common open space subdivision design are to preserve agricultural and forestry lands, natural and cultural features and rural character that would likely be lost through conventional development approaches.  To accomplish this goal, greater flexibility and creativity in design of the developments is encouraged.

 

(B)  Specific objectives are as follows:

 

(1)  To conserve areas of the county with productive soils for continued agricultural and forestry use by preserving large blocks of land large enough to allow for efficient operations;

 

(2)  To encourage the maintenance and enhancement of habitat for various forms of wildlife and to create new woodlands through natural succession and reforestation where appropriate;

 

(3)  To minimize site disturbance and erosion though retention of existing vegetation and avoiding development in sensitive areas;

 

(4)  To conserve open land, including those areas containing unique and sensitive features such as natural areas and wildlife habitats, streams and creeks, wetlands and floodways;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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(5)  To protect scenic views and elements of the county's rural character and to minimize perceived density by minimizing views of new development from existing roads;

 

(6)  To preserve and maintain historic and archeological site and structures that serve as significant visible reminders of the county's social and architectural history;

 

(7)  To provide for active and passive recreational needs of county residents, including implementation of associated county long range plans;

 

(8)  To provide greater efficiency in the siting of services and infrastructure by reducing road length, utility runs and the amount of paving for development; and

 

(9)  To create compact neighborhoods accessible to open space amenities and with a strong community identity.

(Ord. passed 12-15-97)

 

 

§ 151.291  APPLICABILITY AND LOT SIZES.

 

(A) In any single‑family residential subdivision, a developer may create open space subdivision lots that have or contain the minimum lot sizes as specified below, subject to Health Department approval, if the developer complies with the provisions of this subchapter.

 

(1)  20,000 square feet minimum, if there is no centralized water or sewer available to all of the lots;

 

(2)  15,000 square feet minimum, if there is either centralized water or centralized sewer available to all lots; or

 

(3)  10,000 square feet minimum, if there is both centralized water and centralized sewer available to all lots.

 

(B)  The intent of this section is to authorize the developer to decrease lot sizes and leave the land “saved” by so doing as open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into lots using conventional subdivision standards as provided in §§ 151.060 through 151.068.

 

(C)  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

OPEN SPACE.  Those areas, as defined in §§ 151.195 through 151.200, except that subsurface waste water disposal fields and subsurface septic tanks, may, at the discretion of the Board of Commissioners, be counted as open space.


150                                        Camden County - Land Usage

 

 

(D) All setbacks, building height and lot coverage standards established in §§ 151.060 through 151.068 for development on lots, shall apply in common open space subdivisions.

 

(E)  (1)  Previously approved subdivisions having valid sketch plan approval, may, at the discretion of the Board of Commissioners, request to develop the property in accordance with the common open space provisions at the density originally approved.

 

(2)  Density bonuses shall not apply to subdivisions where the number of lots originally approved exceed current county density requirements.

(Ord. passed 12-15-97)

 

 

§ 151.292  DETERMINING DENSITY OR YIELD.

 

(A) Applicants shall estimate the legally permitted density on the basis of a yield plan.  The yield plan shall consist of conventional lot and street layouts and must conform to this chapter's conventional development standards governing lot dimensions, land suitable for development (for example, not  including CAMA wetlands), street design and parking.  Although the plans shall be conceptual in nature and are not intended to involve significant engineering costs, they must be realistic and not show potential house sites or streets in areas that would not ordinarily be legally permitted in a conventional layout.

 

(B)  In order to prepare a realistic yield plan, applicants generally need to first map the primary conservation areas on their site.  Typical yield plans would include, at minimum, location of wetlands, topographic information from at least a USGS map and soils suitable for septic systems, as indicated on the county soil survey published by the USDA Soil Conservation Service or other more detailed mapping.

 

(C)  On sites not served by public sewerage or a centralized private sewage treatment facility, soil suitability for individual septic systems shall be demonstrated.  The planning staff and Health Department shall select 10% of the lots to be tested in areas considered to be marginal.  Costs for the tests shall be the responsibility of the applicant.  If tests on the sample lots pass the soil test as conducted by the local Health Department, the applicant's other lots shall also be deemed suitable for septic systems for the purpose of calculating total lot yield.  However, if any of the sample lots fail, several others of the county's choosing shall be tested until all the lots in a given sample pass.

(Ord. passed 12-15-97)

 

 

§ 151.293  DENSITY BONUS AND INCENTIVES FOR DEVELOPING A COMMON OPEN

SPACE SUBDIVISION.

 

(A) Fractional numbers shall be dropped when determining density bonuses under this section.


                                                    Unified Development                                               151

 

 

(B)  A density bonus above what the yield plan will allow of 5% is permissible for subdivisions developing under common open space standards.

 

(C)  A density bonus shall be allowed when an Open Space Endowment Fund is established in accordance with the provisions below.

 

(1)  The county may allow a 5% density bonus above what the yield plan will allow, in addition to the open space density bonus, to generate additional income to the applicant for the express and sole purpose of endowing a permanent fund to offset continuing open space and recreation maintenance costs.  Spending from this Fund should be restricted to expenditure of interest, in order that the principal may be preserved.  Assuming an annual average interest rate of 5%, the amount designated for the Endowment Fund shall be at least 20 times the amount to maintain the open space and recreation.  The amount used to determine the minimum costs of maintaining open space and recreation shall be calculated at $50 per acre per year for the first 20 acres and $25 per acre per year for each additional acre over 20.  On the assumption that additional dwellings, over and above the maximum that would ordinarily be permitted on the site, are net of development costs and represent true profit, 25% of the net selling price of the lots may be retained by the developer and the remaining funds shall be donated to the Open Space Endowment Fund for the preserved lands within the subdivision.  This Fund shall be transferred by the developer to the designated entity with ownership and maintenance responsibilities such as a Homeowner's Association or a land trust.

 

(2)  Open space land actively being farmed and remaining under the ownership of the developer and/or farmer, but is protected from future development by a permanent conservation easement, does not need to be included when determining the amount of money needed for the Endowment Fund.  In this case, the 5% density bonus shall be reduced proportionally to the percentage of open space actively being farmed and remaining under the ownership of the developer and/or farmer.  In the event that open space is no longer farmed and is turned‑over to a land trust or Homeowner’s Association, then a proportional share of the maximum density bonus that would have originally been permitted, may be reinstated with additional required endowment funds being allocated.

 

(D) Dedication of land for public use, including trails, active recreation, county utilities, boating access and the like, in addition to any public land dedication required under other provisions of this chapter, may be encouraged by the County Commissioners.  The density bonus for open space that would be in addition to the public land dedication that may also be required shall be computed on the basis of a maximum of one dwelling unit per five acres of publicly accessible open space or county utility area.  The decision whether to accept an applicant's offer to dedicate open space for public access shall be at the discretion of the County Commissioners, who shall be guided by the recommendations contained in any county adopted long range plans.

 

(E)  Streets serving five or fewer homes that are not intended to be dedicated to NCDOT shall be constructed up to state standards, but may reduce the paving width to 12 feet with six-inch deep and four‑foot wide rock shoulder sections on each side of the paving.


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(F)  With approval from the local Health Department, individual septic systems and drain lines may be located within common open space provided:

 

(1)  Easements shall be recorded showing the location of systems within common open space; and

 

(2)  Restrictive covenants shall provide for access, maintenance and upkeep of systems located in common open space.  All septic systems shall be operated in compliance with state and local regulations.

(Ord. passed 12-15-97)

 

 

§ 151.294  OWNERSHIP AND MINIMUM PERCENTAGE OF OPEN SPACE.

 

(A) Open space may be owned or administered by one or a combination of the following methods:

 

(1)  Fee simple ownership by a unit of government or private non‑profit land conservancy; or

 

(2)  Owned by a Homeowner’s Association.

 

(B)  The minimum percentage of land that shall be designated as permanent open space, not to be further subdivided and protected through ownership or a conservation easement held by a recognized land trust or conservancy or protected by covenants under control of a Homeowner’s Association, shall be as specified below.

 

(1)  A minimum of 50% of the total tract area, after deducting the following unbuildable land: CAMA and 404 wetlands (primary conservation areas); lands required for street rights-of-way (10% of the net tract) and land under permanent easement prohibiting future development, including easements for drainage, access and utilities.  The above areas shall generally be designated as undivided open space.

 

(2)  All undivided open space and any lot capable of further subdivision shall be restricted from further subdivision through a permanent conservation easement, in a form acceptable to the county and duly recorded in the County Register of Deeds office or protected by covenants under control of a Homeowner’s Association recorded in the County Register of Deeds office.

 

(3)  No more than 50% of the minimum required open space, subject to division (B)(4) below, shall be utilized for active recreation, excluding golf course developments, in order to preserve a reasonable proportion of natural areas on the site.  Acceptable modifications to natural areas include: reforestation,  pasture or cropland use or buffer area, landscaping, shoreline protection and wetlands management.  The purposes for which open space areas are proposed shall be documented by the applicant.


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(4)  A minimum of 2,000 square feet of open space per dwelling must be designated and improved for active recreation.  Determination of suitable improved active recreation shall be based on: the character of the open space land; the estimated age and the recreation needs of persons likely to reside in the development; the costs of installation and maintenance of recreation facilities; and the proximity to existing recreational areas.

(Ord. passed 12-15-97)

 

 

§ 151.295  LOCATION OF OPEN SPACE.

 

(A) Location.  The location of open space conserved through compact residential development shall be consistent with the policies contained in these provisions and other long range documents adopted by the County Board of Commissioners.  Open space shall be comprised of two types of land:  primary conservation areas and secondary conservation areas.  All lands within both primary and secondary conservation areas required to be maintained as open space shall be protected by a permanent conservation easement, prohibiting further development and setting other standards safeguarding the site's special resources from negative changes.

 

(B)  Primary conservation areas.  The first category consists of CAMA and 404 wetlands and floodways.  These environmentally sensitive resources form the core of the open space that is required to be protected.

 

(C)  Secondary conservation areas.  In addition to the primary conservation areas, at least 50% of the remaining land, less 10% for roads, shall be designated and permanently protected.  Secondary conservation areas shall consist of the following: soils unsuitable for septic systems, as identified by onsite analysis or by using the USDA Soil Conservation Survey for the county; mature woodlands; significant wildlife habitat; prime agricultural farmland; historic, archeological and cultural features listed (or eligible to be listed) on national, state or county registers or inventories; significant views into and out from the site; and aquifers and their recharge areas.  Secondary conservation areas, therefore, typically consist of upland forest, meadows, pastures and farm fields, part of the ecologically-connected matrix of natural areas significant for wildlife habitat, water quality protection and other reasons. Although the resource lands listed as potential secondary conservation areas may comprise more than half of the remaining land on a development parcel, after primary conservation areas have been deducted, no applicant shall be required to designate more than 50% of that remaining land as a secondary conservation area.  Full density credit shall be allowed for land in this category that would otherwise be buildable under local, state and federal regulations, so that their development potential is not reduced by this designation.   The density credit may be applied to other unconstrained parts of the site.

 

(D) General locational standards.  Subdivisions shall be designed around both the primary and secondary conservation areas, which together constitute the total required open space.  The design process should therefore commence with the delineation of all potential open space, after which potential


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house sites are located.  Following that, access road alignments are identified, with lot lines being drawn in as the final step.  This four‑step design process is further described in these regulations.

 

(1)  Both primary and secondary conservation areas required to preserved for open space shall be placed in undivided preserves, which may adjoin housing areas that have been designed more compactly to create larger areas that may be enjoyed equally by all residents of the development.

 

(2)  Undivided open space shall be directly accessible to the largest practicable number of lots within an open space development.  To achieve this, the majority of house lots should abut undivided open space in order to provide direct views and access.  Safe and convenient pedestrian access to the open space from  all lots not adjoining the open space shall be provided, except in the case of farmland, or other resource areas vulnerable to trampling damage or human disturbance.  Where the undivided open space is designated as separate, non‑contiguous parcels, no parcel shall consist of less than three acres in area nor have a length‑to‑width ratio in excess of four to one, except the areas that are specifically designed as village greens, ballfields, upland buffers to wetlands, waterbodies or watercourses or designed as trail links.

 

(E)  Interconnected open space network.

 

(1)  As these policies are implemented, the protected open space in each new subdivision will eventually adjoin each other, ultimately forming an inter‑connected network of primary and secondary conservation areas across the county.

 

(2)  To avoid the issue of the taking of  land without compensation, the only elements of this network that would necessarily be open to the public are those lands that have been required to be dedicated for public use, never more than that required else where in these regulations; one acre of land for every 100 lots/units.

(Ord. passed 12-15-97)

 

 

§ 151.296  EVALUATION CRITERIA.

 

(A) In evaluating the layout of lots and open space, the following criteria will be considered by the county as indicating design appropriate to the site's natural, historic and cultural features, and meeting the purposes of this chapter.  Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between development and conservation areas.

 

(B)  Accordingly, the county shall evaluate proposals to determine whether the proposed conceptual sketch plan:

 

(1)  Protects and preserves all floodways and wetlands;


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(2)  Preserves and maintains mature woodlands, existing fields, pastures, meadows and orchards and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses;  (For example, locating houselots and driveways within wooded areas is generally recommended, with two exceptions.  The first involves significant wildlife habitat or mature woodlands which raise an equal or greater preservation concern, as described in divisions (B)(5) and (8) below.  The second involves predominantly agricultural areas, where remnant tree groups provide the only natural areas for wildlife habitat.)

 

(3)  If development must be located on open fields or pastures because of greater constraints in all other parts of the site, dwellings should be sited on the least prime agricultural soils, or in locations at the far edge of a field, as seen from existing public roads;  (Other considerations include whether the development  will be visually buffered from existing public roads, such as by a planting screen consisting of a variety of indigenous native trees, shrubs and wildflowers, specifications for which should be based upon a close examination of the distribution and frequency of those species found in a typical nearby roadside verge or hedgerow.)

 

(4)  Maintains or creates an upland buffer of natural native species vegetation of at least 50 feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs, lakes and ponds;

 

(5)  Designs around existing hedgerows and treelines between fields or meadows;  (Minimizes impacts on large woodlands, greater than five acres, especially those containing many mature trees or a significant wildlife habitat, or those not degraded by invasive vines.  However, woodlands in poor condition with limited management potential can provide suitable locations for residential development. When any woodland is developed, great care shall be taken to design all disturbed areas (for buildings, roads, yards, septic disposal fields and the like) in locations where there are no large trees or obvious wildlife areas, to the fullest extent that is practicable.)

 

(6)  Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public roadways;  (For example, in open agrarian landscapes, a deep “no‑build, no plant” buffer is recommended along the public roadway where those views or vistas are prominent or locally significant. In wooded areas where the sense of enclosure is a feature that should be maintained, a deep “no‑build, no‑cut” buffer should be respected, to preserve existing vegetation.)

 

(7)  Avoids siting new construction on prominent ridges by taking advantage of lower topographic features;

 

(8)  Protects wildlife habitat areas of species listed as endangered, threatened or of special concern by the U.S. Environmental Protection Agency and/or by the State Department of Environment, Health and Natural Resources;

 

(9)  Designs around and preserves sites of historic, archaeological or cultural value, and their environs, insofar as needed to safeguard the character of the feature, including spring houses, barn foundations, cellar holes, earthworks, burial grounds and the like;


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    (10)  Protects rural roadside character and improves public safety and vehicular carrying capacity by avoiding development fronting onto existing public roads and establishes buffer zones along the scenic corridor of rural roads with historic buildings, hedgerows and the like;

 

    (11)  Landscapes common areas (such as community greens), cul‑de‑sac islands and both sides of new streets with native specie shade trees and flowering shrubs with high wildlife conservation value;

 

    (12)  Provides active recreational areas in suitable locations offering convenient access by residents and adequately screened from nearby house lots;

 

    (13)  Includes a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the neighborhood open space system; and  (All roadside footpaths should connect with off‑road trails, which in turn should link with  potential open space on adjoining undeveloped parcels or with existing open space on adjoining developed parcels, where applicable.)

 

    (14)  Provides open space that is reasonably contiguous.  For example, fragmentation of open space should be minimized so that these resource areas are not divided into numerous small parcels located in various parts of the development.  To the greatest extent practicable, this land shall be designed as a single block with logical, straightforward boundaries.  Long thin strips of conservation land shall be avoided unless the conservation feature is linear or unless the configuration is necessary to connect with other streams or trails.  The open space shall generally abut existing or potential open space land on adjacent parcels and shall be designed as part of larger contiguous and integrated greenway systems.

(Ord. passed 12-15-97)

 

 

§ 151.297  SITE PLANNING PROCEDURES FOR OPEN SPACE SUBDIVISIONS.

 

(A) The pre‑application meeting, sketch plan, preliminary plat and final plat process as established in §§ 151.230 through 151.246, 151.260 through 151.263 and 151.275 through 151.278 shall be followed.

 

(B)  The yield plan shall be submitted prior to submittal of the sketch plan, preferably at the pre‑application conference, in order to determine permissible density.

 

(C)  Existing features (site analysis) plans analyzing each site's special features is required at the sketch plan stage for all proposed subdivisions, as they form the basis of the design process for greenway lands, house locations, street alignments and lot lines.  Detailed requirements for existing features plans at the minimum must include:

 

(1)  A contour map based at least upon topographical maps published by the U.S. Geological Survey;


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(2)  The location of severely constraining elements such as wetlands, watercourses, intermittent streams and floodways and all rights‑of‑way and easements;

 

(3)  Soil boundaries as shown on USDA Soil Conservation Service medium‑intensity maps; and

 

(4)  The location of significant features such as woodlands, treelines, open fields or meadows, scenic views into or out from the property, watershed divides and drainage ways, and existing structures, location(s) of existing cemeteries, roads, tracks and trails, significant wildlife habitat, prime agricultural  farmland, historic, archeological and cultural features listed (or eligible to be listed) on national, state or county registers or inventories and aquifers and their recharge areas.

 

(D) (1)  These existing features (site analysis) plans shall identify both primary conservation areas (floodways and wetlands) and secondary conservation areas, as described in § 151.295.

 

(2)  Together, these primary and secondary conservation areas comprise the development's proposed open space, the location of which shall be consistent with the locational design criteria listed in these regulations.

 

(3)  The existing features (site analysis) plan shall form the basis for the conceptual sketch plan, which shall show the tentative location of houses, streets, lot lines and greenway lands in new subdivisions, according to the four‑step design process described below.

 

(E)  Each sketch plan shall follow a four‑step design process as described below.  When the conceptual sketch plan is submitted, applicants shall be prepared to demonstrate to the county that these four design steps were followed by their site designers in determining the layout of their proposed streets, house lots and greenway lands.

 

(1)  Designating the open space.  During the first step all potential conservation areas, both primary and secondary, are identified, using the existing features (site analysis) plan.  Primary conservation areas shall consist of wetlands and floodways.  Secondary conservation areas shall comprise 50% of the remaining land and shall include the most sensitive and noteworthy natural, scenic and cultural resources on that remaining half of the property.

 

(2)  Location of house sites.  During the second step, potential house sites are tentatively located.  Because the proposed location of houses within each lot represents a significant decision with potential impacts on the ability of the development to meet the 14 evaluation criteria contained in § 151.296, subdivision applicants shall identify tentative house sites on the conceptual sketch plan and proposed house sites on the detailed final plan.  House sites should generally be located not closer than 50 feet from primary conservation areas.

 

(3)  Street and lot layout.  The third step consists of aligning proposed streets to provide vehicular access to each house in the most reasonable and economical way.  When lots and access streets are laid out, they shall be located in a way that avoids or at least minimizes adverse impacts on both the


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primary and  secondary conservation areas.  To the greatest extent practicable, wetland crossings shall be strongly discouraged.  Street connections shall generally be encouraged to minimize the number of new cul‑de‑sacs to be maintained by the state and Homeowner’s Associations and to facilitate easy access to and from homes in different parts of the property (and on adjoining parcels).  Where cul‑de‑sacs are necessary, those serving five or fewer homes may be designed with “T” intersections facilitating three‑point turns.  Cul‑de‑sacs shall generally be designed with a central island containing indigenous trees and shrubs, either conserved on-site or planted.  The county generally encourages lots on one side of the street (i.e. single‑loaded lots), in order that the maximum number of homes in new developments may enjoy views of open space.

 

(4)  Lot lines.  The fourth step is simply to draw in the lot lines where applicable.

 

(F)  Prior to approval of the conceptual sketch plan, the applicant shall submit to the Planning Board a preliminary engineering certification that the approximate layout of proposed streets, house lots and open space lands complies with the county regulations, particularly those sections governing the design of subdivision streets and stormwater management facilities.  This certification requirement is meant to provide the county with assurance that the proposed plan is able to be accomplished within the current regulations of the county.

 

(G) Once the sketch plan is approved, the applicant shall follow the preliminary and final plat process as established in §§ 151.230 through 151.246.

(Ord. passed 12-15-97)

 

 

§ 151.298  PLANNED UNIT DEVELOPMENT.

 

(A) General.

 

(1)  In a planned unit development (PUD), the developer may make use of the land for any purpose authorized in the particular PUD zoning district in which the land is located, subject to the provisions of this chapter.

 

(2)  All lots and development within a PUD must be connected to a public water system.

 

(3)  Within any area developed as a PUD, not less than 15% nor more than 30% of the total lot, less CAMA wetland areas, shall be developed for purposes that are permissible only in a HC or MC zoning district, whichever corresponds to the PUD zoning district in question, as limited pursuant hereto.

 

(4)  The following uses are not allowed within the commercial area of a PUD regardless whether allowed within the underlying zoning district:  1.100 (all subcategories), Single-Family Dwellings; 1.200 (all subcategories), Two‑Family Residences; 1.400 ‑ Homes emphasizing special services, treatment, or supervision (all subcategories); 1.510 ‑ Rooming Houses; Boarding Houses;


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1.520 ‑ Bed and Breakfast Establishments, 1:530 ‑ Tourist  homes; 1:550 ‑ Hunting and Fishing Lodges; 1.700 ‑ Home Occupations (all subcategories);  6.250 ‑ Automobile and motorcycle racing tracks; 6.251 ‑ Competitive go‑kart/ATV race track; 6.260 ‑ Drive‑in movie theater; 6.270 ‑ Private Campground; 6.271‑ Travel  trailers allowed; 6.280 ‑ Petting zoo; 6.300 ‑ Outdoor firing range facilities;  7.400 ‑ Penal Institutions; 10.000 ‑ Parking and Storage (all subcategories); 11.000 - Scrap Materials, Salvage Yards, Junk Yards and Automobile Graveyards (all subcategories); 12.200 ‑ Kennels; 14.000 ‑ Agricultural, Silvicultural, Mining and Quarrying Operations; 18.200 ‑ Wireless Telecommunications Facilities over 35 feet tall; 19.000 ‑ Open Air Markets (all subcategories); 24.000 ‑ Crabshedding (all subcategories); 28.000 ‑ Off‑premise signs; 30.000 ‑ Stockyards; 31.000 ‑ Agribusiness Uses; 34.000 ‑ Land Application  of Commercial Sludge and Commercial Liquid Septage; 35.000 ‑ Adult and Sexually-oriented  Businesses.

 

(5)  The following uses are not allowed within the residential area of a PUD regardless whether allowed within the underlying zoning district: 1.200 (all subcategories), Two‑Family Residences; 1.400 ‑ Home emphasizing special services, treatment of supervision (all subcategories); 1.510 ‑ Rooming Houses; Boarding Houses; 1.520 ‑ Bed and Breakfast Establishments; 1.530 ‑ Tourist homes; 1.550 ‑ Hunting and Fishing Lodges; 6.240 ‑ Horseback riding, schooling and boarding; 14.000 ‑ Agricultural, Silvicultural, Mining and Quarrying Operations; 15.200 ‑ Airports and Airstrips (all subcategories); 15.300 ‑ Sanitary Landfill and Convenience Centers; 18.200 ‑ Wireless Telecommunications Facilities over 35 feet tall; 19.100 ‑ Open Air Markets (all subcategories); 24.000 ‑ Crabshedding (all subcategories); 28.000 ‑ Off‑premise signs; 30.000 ‑ Stockyards; 31.000 ‑ Agribusiness Uses; 34.000 ‑ Land Application of Commercial Sludge and Commercial Liquid Septage; 35.000 ‑ Adult and Sexually‑oriented Businesses.

 

(6)  The plans for the proposed PUD shall indicate the particular portions of the lot that the developer intends to develop for residential purposes and purposes permissible in a commercial district, as applicable.  For purposes of determining the substantive regulations that apply to the PUD, each portion of the lot so designated shall then be treated as if it were a separate district, zoned to permit, respectively, residential or for commercial uses.  However, the permit that is issued for the project, a special use permit, shall apply to the entire development.

 

(7)  A special use permit may be approved showing the portion of the tract proposed for commercial uses reserved for future development.  In such a case, no construction on any land may take place within the areas until the special use permit is amended to approve specific plans for the areas.  An amendment shall be regarded as a major amendment and processed as provided in §§ 151.495 through 151.518.

 

(8)  The non-residential portions of any PUD may be occupied only in accordance with a schedule approved by the Board of Commissioners that relates occupancy of the non‑residential portions of the PUD to the completion of a specified percentage or specified number of phases or sections of the residential portions of the development.  The purpose and intent of this provision is to ensure that the PUD procedure is not used, intentionally or unintentionally, to create non-residential uses in areas


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generally zoned for residential uses, except as part of an integrated and well‑planned, primarily residential development.  In approving a proposed schedule the Board may consider, among other factors, the number of dwelling units proposed for the residential portion of the PUD, the nature and scope of the non-residential portions of the PUD, the physical relationship of the non-residential components of the PUD to neighboring properties not within the PUD and whether the non-residential uses are to be located within pre‑existing buildings or is new construction.

 

(9)  A PUD is defined as the total development of one or more parcels physically connected by one central control or ownership.  Through PUD, the county desires to foster development of land that has a higher degree of consideration of physical features and natural constraints to development than would be possible under general zoning or subdivision regulations.  PUD is expected to promote a more efficient use of the land, a higher level of amenities and more creative design than would otherwise be possible.

 

    (10)  There are hereby established four different PUD districts.  Each PUD is designed to combine the characteristics of one or two zoning districts.

 

(a)  One element of each PUD district shall be the residential element.  Here there are three possibilities, each one corresponding either to the R‑1 or R‑3 zoning districts.  Within that portion of the PUD zone that is developed for residential purposes, all development is bound to and must comply with all other residential requirements, except for lot size requirements.

 

(b)  A second element of each PUD district shall be the commercial element.  Here the possibility is the HC or MC zoning district as limited by division (A)(4) above.  Within that portion of a PUD district that is developed for a commercial purpose, all development is bound to and must comply with all other commercial requirements, except for lot size requirements.

 

    (11)  In accordance with the description set forth in division (A)(9) above, the four PUD districts shall carry the following designations to indicate their component elements:

 

(a)  R‑1/PUD/HC;

 

(b)  R‑1/PUD/MC;

 

(c)  R‑3/PUD/HC; and

 

(d)  R‑3/PUD/MC.

 

    (12)  A PUD district containing an R‑1 component may not be applied to property located within 1,000 feet of any land within an R‑3 zoning district.

 

    (13)  No area of less than ten contiguous acres may be rezoned as a PUD district and then only upon the request of the owner or owners of all the property intended to be covered by the zone.


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    (14)  A planned unit development (use classification 29.400) is the only permissible use of PUD zone and PUD are permissible only in the zones.

 

    (15)  Any expenses involved in the improvement of any property prior to the written receipt of preliminary plat approval by the County Board of Commissioners shall be incurred solely at the risk of the owner/developer.  Preliminary plat approval shall in no way be construed as constituting an official action of approval for recording of the subdivision as required by this section.

 

    (16)  Concurrent submittals of initial sketch, preliminary and/or final plats will not be accepted for review.  However, concurrent submittals of preliminary and final plat may be allowed by the code inspection and planning when no improvements are required.

 

(B)  Design standards and criteria.

 

(1)  This division excludes those dealing with signs.

 

(2)  Instead of meeting the general zoning dimensional requirements and other standards, the planned unit development shall  meet the following requirements:

 

(a)  Land area/density.

 

1.   Minimum parcel size shall be ten acres.

 

2.   Permitted density shall be three dwelling units per net acre of those areas identified for residential uses only but the permitted density shall be four dwelling units per net acre of those areas identified for residential uses only when all of the residential and commercial structures within the PUD are connected to a public sewer system; density calculations will not include commercial areas.  Net acreage shall be determined by on‑site evaluation of technical staff, eliminating all areas, designated by CAMA as wetlands.  Sketch plan approval shall be based upon a general inspection of the factors.  Preliminary approval shall require net and gross acreages to be shown by actual survey based upon CAMA designated wetland perimeters.

 

3.   Thirty‑five percent of the non‑CAMA area intended for residential development of the tract shall be common open space.  Alternatives to common ownership may be considered such as open space easements across private land and third party ownership of facilities, golf courses and the like, so long as common accessibility is maintained.  Open space in general shall be designed to provide visual relief to dense residential areas as well as recreation opportunities to be enjoyed in common by property owners including, but not limited to recreational buildings, tennis courts, swimming pools, jogging trails and related areas.

 

4.   Fifty percent of open space must be designed for passive or active recreation, including, but not limited to walking, jogging, hiking, bicycling and other uses which involves general


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pedestrian access.  The remainder of the open space may include areas providing visual, relief, but not offering general pedestrian access such as wetlands.  Portions of this open space may be dedicated to the county by the developer or property owner's association to provide for the location of public facilities now or in the future.

 

(b)  Permitted uses.

 

1.   Permitted uses will be those of the base‑zoning district unless otherwise specified.

 

2.   Dwelling units may include any variation of single and multi‑family units allowed in the underlying zoning district so long as health, safety and fire regulations are observed in location and construction of units and configuration of lots.  In particular, emergency vehicle access must be provided to each unit and the provisions of the State Uniform Building Code and associated regulations of the Department of Insurance and NFPA shall be observed.

 

(c)  Streets and roads.

 

1.   Roads shall be constructed to meet state secondary road standards for design and construction as contained in the Subdivision Roads, Minimum Construction Standards Handbook, as revised, published by the State Department of Transportation in all respects, except width of pavement and right‑of‑way.

 

2.   All roads within a residential zoning area in the residential area must include a bike path not less than six feet wide.  The bike path system should be designed to connect the residential area to the commercial component.  PUDs with multiple parcels shall be connected by a bike path system.

 

3.   Roads shall be designed to create the minimum feasible amount of land coverage and the minimum feasible disturbance to the soils.

 

4.   Variations in right‑of‑way standards shall be permitted in order to keep grading and cut/fill to a minimum while insuring that drainage and access for maintenance are provided.

 

5.   Public streets carrying local two way traffic within the PUD shall have a minimum of 20 feet paved surface width.  Streets and roads connecting directly to county and state roads shall have 60 feet right‑of‑way within a minimum of 50 feet of the intersection.

 

6.   One‑way streets may be permitted as an option but not encouraged, where appropriate for the terrain and where public safety would not be jeopardized; the travel way for a one‑way street shall not be less than 14 feet excluding parallel parking bays.


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7.   Combinations of collective private driveways, cluster parking areas and on‑street parallel parking bays may be used to attempt to optimize the objectives of minimum soil disturbance, minimum impervious cover, excellence of design and aesthetic sensitivity.

 

(d)  Design criteria for layout of roads and lots.

 

    1.     Coordination and continuation of streets;  (The proposed street layout within a PUD shall be coordinated with the existing street system of the surrounding area and, where possible, existing principal streets shall be extended.)

 

    2.     Access to adjacent properties;  (Where, in the opinion of the Board of Commissioners, it is necessary to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of the property and a temporary turn around easement shall be provided.  The use of residential strips of land in order to prevent the extension of proposed or existing streets or access thereto is prohibited.  Landlocked parcels shall not be created.)

 

    3.     Marginal access streets;  (Where a tract of land to be developed as a PUD adjoins a principal arterial street, the developer may be required to provide a marginal access street parallel to the arterial street or reverse footage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial.  Also, a 25-foot non‑access buffer zone will be required on the side of the lot, which abuts the principal arterial street.  A ten-foot buffer may be considered sufficient if the vegetation creates a year‑round opaque screening or a combination of vegetation adjacent (facing) the right‑of‑way with a six-foot fence of solid construction from the ground up is provided.  This buffer zone may be counted toward the open space requirement platted as common open space or maybe counted as a portion of each individual lot.)

 

    4.     Street names and name signs;  (Proposed streets which are obviously in alignment with existing streets shall be given the same name.  In assigning new names, duplication of existing names shall be avoided and in no case shall the proposed name be phonetically similar to existing names within the 911 system serving the county irrespective of the use of a suffix such as street, road, drive, place, court and the like.  Street names shall be subject to the approval of the Board of Commissioners. The developer shall be required to provide, erect and arrange for maintenance of street signs of a legible and durable construction, as provided by the Board of Commissioners.  At least two street name signs shall be placed at each four‑way street intersection and one at each “T” intersection.  At least two or more traffic-control signs shall be placed at each four‑way street intersection and at least one at each “T” intersection.  Signs shall be installed free of visual obstruction and shall conform to county and State Department of Transportation standards.)


164                                        Camden County - Land Usage

 

 

    5.     Traffic-control signs, and signals, if deemed necessary by State Department of Transportation, shall be erected and maintained by the developer at each street intersection within the subdivision and at each intersection of a subdivision street and a state‑maintained road or access road;  (Signs shall comply with the Department of Transportation regulations with regards to size, shape, color, location and information contained thereon.  At least two or more traffic control signs shall be placed at each four‑way street intersection and at least one at each “T” intersection.  Signs shall be installed free of visual obstruction.)

 

    6.     Construction standards;  (All streets intended to be dedicated to the state shall have rights‑of-way and construction meeting standards set by the State Department of Transportation for acceptance and maintenance as part of the state system of highways.  The Division of Highways, through its District Highway Engineer, must approve the plat with respect to road construction, road width and  right‑of‑way prior to recording.  Without the approval, the plat cannot be recorded.  All private streets remaining under the maintenance, control and responsibility of a developer or homeowner's association shall provide certification by a licensed engineer that the streets have been constructed to state standards, without regard to minimum right‑of‑way requirements.)

 

    7.     Through traffic discouraged on collector and minor streets;  (Collector and minor streets shall be so laid out that their use by through traffic will be discouraged.  Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools and other places of public assembly.)

 

    8.     Cultural and historic;  (The developer shall not destroy buildings or structures of cultural or historic significance as determined by county technical staff in consultation with state preservation officials.)

 

    9.     Lots:

 

a.   Every lot shall front or abut a state-maintained road or paved subdivision street.  Lot sizes, shapes and locations shall be made with due regard to topographic conditions, contemplated use and surrounding area.  Minimum lot width shall be in accordance with §§ 151.060 through 151.068.

 

b.   PUDs, subject to this chapter, district regulations.  Lots shall conform to the area, dimensional and building setback requirements as prescribed in this chapter for the appropriate zoning district in which the proposed PUD will be located.  The minimum lot area shall be 10,000 square feet when the lot is connected to both a public water system and a public sewer system.

 

   10.     Double frontage;  (Double frontage or reverse frontage lots shall be avoided, except when used in conjunction with the provisions for marginal access streets.  Double frontage lots require a non‑access buffer of 25 feet in addition to other dimensional requirements.)


                                                    Unified Development                                               165

 

 

   11.     Corner lots;  (Corner lots shall be ten feet wider than the required minimum order to accommodate the additional setback required.  Residential driveways on corner lots shall be designed to ingress/egress on the least traveled road.)

 

   12.     Side lot lines;  (Side lot lines shall be substantially at right angles or radial to street lines.  Where side lot lines intersect at the rear of the lot, the angle of the intersection shall not be less than 60 degrees.)

 

   13.     Streets shall be constructed and designed to meet state standards for assumption of maintenance and provisions for ownership and maintenance shall be clearly specified and designated on the plat; and

 

   14.     Roads not meeting state standards for assumption of maintenance shall be offered in dedication to the public only to permit access by public service and emergency vehicles and ownership and maintenance shall be clearly specified and designated on the plat.

 

(e)  Utilities and drainage.

 

1.   Suitable plans for public water service, central facilities for treatment of sewage as required by this chapter, erosion control and storm drainage shall be provided.  All systems shall meet applicable federal, state and county requirements.

 

2.   Utilities shall be installed which will be compatible with existing or proposed central water and sewer systems and designed for economical connection to such a system when it becomes available.

 

3.   The county shall require fire hydrants or other approved access to a water supply to assist in providing fire protection.

 

4.   Utility and drainage easements of a minimum of ten feet shall be provided along all side and rear lot lines and a 15-foot easement is required along front lot lines.  Where a development concept is approved which requires zero lot line development, alternative easement locations may be considered.

 

5.   Retention and drainage facilities or structures shall use natural topography and natural vegetation where possible.  All on‑site facilities shall be properly maintained by the owner or Homeowner’s Association so that they do not become nuisances.  Nuisance conditions shall include improper storage resulting in uncontrolled run‑off and overflow, stagnant water with concomitant algae growth, insect breeding and odors.

 

6.   Adequate provisions for the collection and disposal of garbage and refuse shall be provided in a manner that the PUD will be maintained in a clean and orderly appearance.


166                                        Camden County - Land Usage

 

 

7.   Telephone and electric wires shall be installed underground and any facilities or structures shall be appropriately screened, buffered or landscaped to minimize unsightliness.  Location shall be such as to cause minimum interference with maintenance of roads, drainage facilities and other utility installations.

 

8.   No buildings or structures shall be allowed to be built in wetlands other than viewing platforms, raised nature walks, boat ramps, piers, docks and other similar structures.

 

(f)   Cul‑de‑sacs.  No cul‑de‑sac or dead end street shall exceed 1,000 feet in length nor be less than 100 feet in length, as measured from the closest street intersection centerline.  Cul‑de‑sacs will be designed and constructed to meet state standards and NFPA standards.  In addition, the entrance into the cul‑de‑sac shall be flared by sufficient width to ensure proper turning radius for emergency vehicles upon entering and exiting the cul‑de‑sac.

 

(g)  Intersections.  Intersections shall be designed to be more than 125 feet apart.

 

(h)  Improvement.  Where access to a PUD site is by a road not meeting current state standards, that road shall be improved by the developer to meet current state standards.

 

(i)   Wetlands.  Where any lot or site includes an area of CAMA wetland, as determined by an on‑site evaluation of the county technical staff, the wetland area may not be counted as part of the minimum square footage required of any lot for development, nor for any requirement for open space. CAMA wetlands are those lands which are subject to regular or periodic flooding and bear characteristic vegetation or as defined in the State Administrative Code description any salt marsh or other marsh subject to regular or occasional flooding by tides, including wind tides provided this shall exclude hurricane or tropical storm tides.  All 404 wetlands must be delineated and approved by the U.S. Army Corps of Engineers and a statement entered on the plat stating the existence of 404 wetlands on the property.  These 404 wetlands may be counted as part of the minimum square footage required.

 

(j)   Soils.  No lots requiring over 24 inches of fill to attain required separation for on‑site septic system shall be developed or used for building purposes.

 

(k)  Water access.  For PUDs of 20 or more lots, where property being subdivided abuts public trust or estuarine waters, adequate areas suitable for access to those waters by the general public shall be established.  At a minimum, this area shall include 20,000 square feet and shall be contiguous to the tract being developed.

 

(l)   Drainage.  Each subdivision shall provide adequate storm drainage for all areas in the subdivision.  A combination of storage and controlled release of stormwater run‑off is required.  The


                                                    Unified Development                                               167

 

 

release rate of stormwater from all developments shall not exceed the 100‑year stormwater run‑off from the area in its natural state (post‑development vs. pre‑development).  All free flowing storm drainage systems shall be designed to accommodate the run‑off generated by a 100‑year design storm or State Department of Transportation (NCDOT) standards if more restrictive and the system will be maintained by NCDOT.

 

1.   Plans must show, at minimum, the following information:

 

a.   Elevation survey of entire tract with Topo, lines at one-foot intervals;

 

b.   All culvert inverts, including driveway culverts;

 

c.   Direction of flows;

 

d.   Downstream analysis (cross‑sections) of drainageway to outlet, creek, stream, river, sound;

 

e.   Stormwater storage analysis, storing the differential between the outlet ditch capacity at bank full and the 100‑year storm event throughout the proposed development area;

 

f.    Drainage calculations for drainway design within boundaries of the proposed subdivision and off‑site, if appropriate; and

 

g.   Show total pre‑development and post‑development run‑off in CFS (cubic foot per second) volume leaving development area.

 

2.   Plans must address maintenance of the drainage system and who will be the responsible party to ensure proper maintenance is performed on the drainage system.  The plan will be reviewed and inspected by county technical staff members.

 

(m) Erosion.

 

1.   Cut and fill shall be limited to affecting no more than 50% of the site.  Fill shall not encroach on natural watercourses, their floodplains or constructed channels in a manner so as to adversely affect water bodies or adjacent property owners.

 

2.   Sediment traps, basins and other control measures for limiting erosion will be installed per a state-approved erosion and sedimentation control plan and will be reviewed and inspected by county technical staff members.

 

(n)  Public access.  No developer may usurp, abolish or restrict public access areas to the waters contiguous to the county or other local bays, sounds, creeks, rivers or canals which public access has been historically enjoyed by the people of the county.


168                                        Camden County - Land Usage

 

 

(o)  Schools, fire and police and the like.

 

1.   For PUDs involving 100 or more lots, the developer shall set aside space for community facilities, namely one acre of land with soils suitable for development for each 100 lots.

 

2.   This requirement shall be in excess of the required open space.

 

(p)  Fee in lieu of dedication.  In lieu of dedication of land for open space and/or dedication of land for community facilities, the developer may, at the county's option, make a payment to the county of an amount of money equal in value to the land as it would be appraised following its subdivision.

 

(C)  Required planned unit development submission documents and information.

 

 

 

 

Sketch Plan

 

Preliminary Plat

 

Final Plat

 

Project; Plat Information:

 

Name of PUD, township located, county and state

 

X

 

X

 

X

 

Name, signature, license number, seal and address of engineer, land surveyor, architect, planner and/or landscape architect involved in preparation of plat

 

X

 

X

 

X

 

Vicinity map:  one inch equals 2,000 feet or larger

 

X

 

X

 

X

 

North arrow and scale

 

  Scale to be one inch equals 200 feet or larger

 

X

 

 

 

 

 

  Scale to be one inch equals100 feet

 

 

 

X

 

X

 

Number of copies required

 

  Fifteen black or blue line copies with one, 8½‑inch by 11‑inch reduced copy

 

X

 

X

 

 

 

  Fifteen black or blue line copies, plus three copies suitable for reproduction, drawn in ink on Mylar, vellum, film or a reverse sepia, plus one, 8½‑inch by 11‑inch reduced copy

 

 

 

 

 

X

 

Payment of application fees

 

X

 

X

 

X


                                                    Unified Development                                               169

 

 

 

 

 

Sketch Plan

 

Preliminary Plat

 

Final Plat

 

Property information:  location of existing structures, property lines, paths, streets, roads, railroads, ditches, canals, streams, water courses, bridges, culverts, storm drainage pipes, utility lines and structures, water lines, septic systems, wells, easements, rights-of-way within the property to be subdivided and within 50 feet of the exterior property lines

 

  Approximate location

 

X

 

 

 

 

 

  Actual location

 

 

 

X

 

 

 

Ownership of adjoining property

 

X

 

X

 

X

 

The boundaries of the property and the portion of the property to be subdivided, together with metes and bounds description showing dimensions, bearings and distances

 

X

 

X

 

X

 

Total acreage of the property to be subdivided

 

X

 

X

 

X

 

Minimum lot size and the total number of lots

 

  Approximate size and total of each lot

 

X

 

 

 

 

 

  Actual size and total of each lot

 

 

 

X

 

X

 

The zoning classification of the property and of adjacent properties

 

X

 

X

 

 

 

Tentative surface and subsurface drainage

 

 

 

X

 

 

 

Location of land to be dedicated or reserved for public or private use (parks, recreational sites, open space requirements, reserved utility space and the like) and their area, accompanied by provisions concerning their future ownership and maintenance

 

  Approximate location and area

 

X

 

 

 

 

 

  Actual location and area

 

 

 

X

 

X

 

Lot lines to be shown for the entire tract, no future development left undefined

 

  Approximate location

 

X

 

 

 

 

 

  Actual location with dimensions

 

 

 

X

 

X

 

Location or areas, if any, to be used for non-residential purposes

 

  Approximate location

 

X

 

 

 

 

 

  Actual location

 

 

 

X

 

X


170                                        Camden County - Land Usage

 

 

 

 

 

Sketch Plan

 

Preliminary Plat

 

Final Plat

 

Development information:  location, widths and purpose of any proposed natural buffers, pedestrian/ bicycle/jogging trails or courses, rights-of-way or other easements, location(s) of existing cemeteries, layout of any proposed utilities (sewer, water, drainage, gas, electricity or telephone lines) showing connections to existing systems or easements reserved for proposed or potential systems, location of community water or community sewage disposal systems, proposed buildings and location of any proposed ponds or other storm drainage features and any proposed modifications to existing topography

 

  Approximate location and area

 

X

 

 

 

 

 

  Actual location and area

 

 

 

X

 

X

 

Minimum building setback lines shall be shown on each individual lot

 

 

 

X

 

 

 

Layout of lot arrangement, including lot lines, dimensions and lot and block numbers

 

X

 

X

 

 

 

Any rezoning requests, if necessary, for the project to develop as proposed

 

X

 

 

 

 

 

Signature block for Chairperson, Board of Commissioners

 

X

 

X

 

X

 

Appropriate certification blocks

 

X

 

X

 

X

 

True copy of Homeowner's Association documents and any restrictive covenants applicable to development, if any created

 

 

 

 

 

X

 

A rough, general map at the same scale showing ownership and use of all property abutting or within 1,000 feet, whichever is greater

 

X

 

X

 

 

 

Summary table to include:  1) Number of lots/units;  2) Number of acres in total parcel;  3) Density and  number of units/net acre;  4) Percentage of open space;  5) Number of acres in open space

 

  Approximate number

 

X

 

 

 

 

 

  Actual number

 

 

 

X

 

X

 

A statement addressing the impact on the fiscal resources of the county, including additional tax revenues anticipated and additional cost, such as for fire, police, solid waste, health, social services, water, sewer, schools, roads and the like

 

X

 

X

 

 


                                                    Unified Development                                               171

 

 

 

 

 

Sketch Plan

 

Preliminary Plat

 

Final Plat

 

Street addresses must be shown on each lot

 

 

 

X

 

X

 

Setting; Environmental Information:

 

Base flood elevation lines, as delineated on the flood insurance rate maps

 

  Approximate location

 

X

 

 

 

 

 

  Actual location

 

 

 

X

 

X

 

Determination by the Local Coastal Area Management Act permit (CAMA) Officer as to whether the proposal is or is not located within any area of environmental concern

 

X

 

 

 

 

 

Location and area of all designated areas of environmental concern within the PUD or other areas which are environmentally sensitive, such as CAMA wetlands or 404 wetlands, as defined by the U.S. Army Corps of Engineers

 

  Approximate location and area

 

X

 

 

 

 

 

  Actual location and area

 

 

 

X

 

X

 

Location of natural features such as wooded areas, swamps, water courses, floodplains, soil types, vegetation (both general cover in terms of hardwood or pine trees, shrubs or brush and specific types that may be significant or unique), and the like on-site and within 100 feet of exterior property line

 

  Approximate location

 

X

 

 

 

 

 

  Actual location

 

 

 

X

 

 

 

Contour intervals of two feet with flood elevation data; grading plan may be required

 

X

 

 

 

 

 

Comparison of how development relates to the Maritime Forest Guide

 

 

 

X

 

 

 

Improvements and Construction Information:

 

Location of street rights‑of‑way, cul‑de‑sacs, turnarounds and the like, along with design widths and distances in linear feet; must show paved areas and areas to be graveled

 

  Approximate location

 

X

 

 

 

 

 

  Actual location

 

 

 

X

 

X

 

Street names

 

  Proposed

 

X

 

 

 

 


172                                        Camden County - Land Usage

 

 

 

 

 

Sketch Plan

 

Preliminary Plat

 

Final Plat

 

  Actual

 

 

 

X

 

X

 

Site identification signs, traffic-control signs, streets name signs and directional signs

 

  Show location and type

 

 

 

X

 

 

 

  Must be erected

 

 

 

 

 

X

 

Engineering data:  approximate street grade, design data for street corners and curves, plan and profile for streets and water/sewer lines; any additional data which may be required by the State Department of Transportation, the county's Public Works Department or any of the other official reviewing agencies

 

X

 

 

 

 

 

Perc test reviewed and approved on each individual lot by the county's Health Department; if centralized or community systems are being proposed, then reviews and approvals are required by the appropriate state reviewing agency

 

 

 

X

 

 

 

Drainage calculations in order to comply with state stormwater regulations

 

 

 

X

 

 

 

Soil erosion and sedimentation control ploan, as reviewed and approved by DEHNR-Land Quality Section

 

 

 

X

 

 

 

Proposed utility infrastructure plans, including sanitary sewer, water, stormwater management, telephone, electric and cable television

 

 

 

X

 

 

 

Location and construction details of either wet or dry fire hydrants

 

 

 

X

 

 

 

Lighting plan and details, if proposed

 

X

 

 

 

 

 

Landscape and tree planting plan with details, if required

 

 

 

X

 

 

 

Solid waste management (dumpster) plan, if required

 

X

 

 

 

 


                                                    Unified Development                                               173

 

 

 

 

 

Sketch Plan

 

Preliminary Plat

 

Final Plat

 

Sight triangles

 

X

 

X

 

 

 

Two copies of “as-built” plans to be submitted

 

 

 

 

 

X

 

Construction details, as required hereby

 

 

 

X

 

X

 

Monumentation set and control corner established

 

 

 

 

 

X

 

Payment of per lot connection fees for county water

 

 

 

X

 

 

 

For subdivisions containing 20 or more lots, the information listed below shall be provided; the number of lots shall be determined by counting the cumulative number of lots created on a tract as such boundaries existed as of July 1, 2000, by anyone who owned, had an option on or any legal interest in the original subdivision

 

Development Impact Statement:

 

Physical analysis (type units expected,

including number of bedrooms, projected value, size and timing of phases and the like

 

X

 

 

 

 

 

Housing market analysis (delimit market area, project demand, supply and unmet demand, determine net capture, identify development profile)

 

 

 

X

 

 

 

Environmental impact (water consumption estimated per unit type, hydrological report by a licensed engineer identifying available water resources, report outlining sewer generation and means of disposal)

 

X

 

 

 

 

 

Fiscal analysis (estimated real property valuation, estimated personal property valuation, estimated annual land transfer tax value)

 

X

 

 

 

 

 

Traffic analysis (estimated number of trips generated, volume of existing traffic on roads adjacent to and within one-half mile of tract, directional distribution of traffic, capacity analysis)

 

 

 

X

 

 


174                                        Camden County - Land Usage

 

 

(D) Certification blocks required for planned unit development.

 

(1)  The appropriate certificate forms, as set forth below shall appear on all planned unit development plans submitted.

 

(2)  It is suggested in order to eliminate confusion that all certification blocks and other detail or design information be grouped on a separate single sheet of the plat plans.

 

(a)  Certificate of Approval.

 

I hereby certify that all streets shown on this plat are within Camden County, all streets and other improvements shown on this plat have been installed or completed and that the PUD shown on this plat is in all respects in compliance with the Camden County Unified Development, and therefore this plat has been approved by the Camden County Planning Board and signed by the Chairperson, Board of Commissioners, subject to its being recorded in the Camden County Registry within ninety (90) days of the date below.

 

                                                                                                                            

Date                                         Chairperson, Board of Commissioners

 

(b)  Certificate of Ownership and Dedication.

 

I hereby certify that I am the owner of the property described hereon, which property is located within the subdivision regulation jurisdiction of Camden County; that I hereby freely adopt this plat of subdivision and dedicate to public use all area shown on this plat as streets, alleys; walks; parks, open space and easements, except those specifically indicated as private and that I will maintain all such areas until the offer of dedication is accepted by the appropriate public authority.  All property shown on this plat as dedicated for a public use shall be deemed to be dedicated for any public use authorized by law when such other use is approved by the appropriate public authority in the public interest.

 

                                                                                                                     

Date                                                  Owner

 

I,                                                                         , a notary public of                  County, North Carolina, do hereby certify that                                                     personally appeared before me this date and acknowledged the due execution of the foregoing certificate.


                                                    Unified Development                                               175

 

 

Witness my hand and official seal this                   day of                                 ,              .

 

                                                                                                                              

Notary Public

My commission expires                                                                             .

 

(c)  Notation.  The developer shall place in a conspicuous manner upon the final plat of the subdivision prior to final plat approval a notation containing the following words:

 

Open space, ponds, drainage facilities and reserve utility open space required to be provided by the developer in accordance with Chapter 151 of the code of ordinances for the county shall not be dedicated to the public, except upon written acceptance by the county, but shall remain under the ownership and control of the developer (or his or her successor) or a Homeowner's Association or similar organization that satisfies the criteria established in § 151.199 of the aforementioned chapter.

 

(d)  Certificate of Survey and Accuracy.

 

I hereby certify that this map (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (a deed description recorded in Book               , Page                 , of the County Registry) (other); that the error of closure as calculated by latitudes and departures is 1:               ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book              , Page             , and that this map was prepared in accordance with G.S. § 47‑30, as amended.  Witness my original signature, registration number and seal this            day of                                   ,                       .

 

(Seal or Stamp)                                                                                                    

Registered Land Surveyor

                                                                                       

Registration Number

 

1.   The plat must contain a certificate prepared by the surveyor.

 

2.   The certificate shall be shown on the plat attesting to one of the below statements:

 

a.   The survey creates a subdivision of land in an area covered by a subdivision ordinance;

 

b.   The survey is of land in an unregulated area;


176                                        Camden County - Land Usage

 

 

c.   The survey is of an existing parcel or parcels;

 

d.   The survey is of another category, such as the recombination of existing parcels or a court‑ordered survey; and

 

e.   From the information available, the surveyor is unable to make a determination of the above provisions

 

(e)  Division of Highway District Engineer Certificate for Public Streets, if applicable.

 

I hereby certify that the public streets shown on this plat are intended for dedication and have been completed in accordance with at least the minimum specifications and standards of the State Department of Transportation for acceptance of subdivision streets on the state highway system for maintenance.

 

                                                                                                                      

Date                                                         District Engineer

 

(f)   Engineer Certificate for Private Streets, if applicable.

 

I hereby certify that the private streets shown on this plat are intended for private use and will remain under the control, maintenance and responsibility of the developer and/or a homeowner's association and that they have been completed in accordance with at least the minimum specifications and standards of the State Department of Transportation.

 

                                                                                                                      

Date                                                                 Licensed Engineer

 

(g)  Signed statement.  If the PUD is located within a North Carolina Coastal Area Management Act area of environmental concern, the preliminary plat shall contain a statement as follows; signed by the local permit officer:

 

This PUD (or part thereof) is located within an Area of Environmental Concern.

 

                                                                                                                      

Date                                                         Local Permit Officer

 

(h)  Engineer Certification of Stormwater Improvements.

 

In the subdivision entitled                                            , stormwater drainage improvements have been installed (1) according to plans and specifications prepared by                                                                                                  , or (2) according to the as‑built plan submitted by                                                          


                                                    Unified Development                                               177

 

 

             , and approved by the Camden County Planning Board.  Camden County assumes no responsibility for the design, maintenance or the guaranteed performance of the storm water drainage improvements and their effects.

 

                                                                                                                         

Registered Land Surveyor/Civil Engineer                                   Date

 

                                                                                    

Registration Number

 

(i)   Certificate of Review Officer.

 

State of North Carolina

County of Camden

 

I,                                                                                      , Review Officer of Camden County, certify that the map or plat to which this certification is affixed meets all statutory  requirements for recording.

 

                                                                                                                         

Review Officer                                                                            Date

 

(E)  Sketch design plan procedures.

 

(1)  The procedures for PUD approval shall be as set out in this subchapter.  This procedure is consistent with that provided for other special uses, yet, because of the magnitude of the expected action and the amount of discretion allowed, the county selected this procedure that would leave the final approval with the County Planning Board.

 

(2)  Pre‑application conference:

 

(a)  A pre‑application conference between the subdivider and the Administrator shall occur prior to any presentation to the Planning Board.  Any effort to secure this conference is the sole responsibility of the subdivider or his or her agent. The primary purpose of this conference is to provide assistance and guidance to the subdivider for the swift and least interruptible review of the proposed subdivision.  To ensure an equal understanding, this conference will provide a mutual exchange of basic information that is needed to facilitate and clarify the requested review process for all subdivisions.

 

(b)  To carry out the purpose of the pre‑application conference the subdivider and the Administrator shall be responsible for the following actions:


178                                        Camden County - Land Usage

 

 

1.   Actions by the subdivider:

 

a.   The subdivider shall present an outline, drawing, sketch or draft of the area to be subdivided that will accurately provide site information for reasonable discussion;

 

b.   The subdivider shall provide general site information regarding water supply, sewage disposal, surface and subsurface drainage, flood hazard areas, street dedications and soil erosion/sedimentation control requirements for the development of the tract; and

 

c.   Any further supportive plans or information that may be required for the determination of this review status.

 

2.   Actions by the Administrator:

 

a.   The Administrator will provide to the subdivider all necessary guidance as to the required review process for the particular tract in question based upon the information given by the subdivider and the following points of public concern:

 

     i.     The subdivider will be informed if a change in zoning shall be required for the subject tract or part thereof;

 

    ii.     The subdivider must initiate any necessary rezoning applications;

 

   iii.     In no event will any preliminary plat be presented for approval prior to the Board of Commissioners approval of the requested zoning change;

 

   iv.     Direct assistance to the subdivider to ensure full compliance with the subdivision regulations;

 

    v.     Outline the other public agencies that the subdivider must approach for explicit direction; and

 

   vi.     Any further information that will aid the subdivider to meet the requirements of the review process.

 

(F)  Sketch design plan review process.

 

(1)  The purpose of the, sketch plan application is to give the developer the option of securing approval for the design concept before committing substantial funds to the development of engineering detail for the preliminary plat application.  The developer shall submit the application to the Administrator.  The application will address natural features, existing conditions and proposed development plan in terms of number and types of units and general location.


                                                    Unified Development                                               179

 

 

(2)  The Administrator shall request of the Planning Board a date for hearing and review.  A minimum of 30 working days shall be required between date of submission and the date of the hearing. A fee shall be charged upon submission of the sketch design plans application as specified in the adopted fee schedule of the county.

 

(3)  The subdivider must also submit a copy of the sketch plan and any accompanying material on the same date as the submittal date identified in division (F)(2) above to those public officials and agencies concerned with new development.  Verification of meeting this requirement will be required. Review comments and recommendations from the technical review staff shall be submitted simultaneously with submittal to the Planning and Inspections Department.  The Administrator will help to advise the subdivider concerning which agencies are applicable for a given proposal.

 

(4)  Technical review staff the sketch plan shall be submitted to the Administrator prior to the Planning Board meeting at which time it will be reviewed.  The staff shall review the sketch plan for general compliance with the requirements of this chapter and other official plans, ordinances and policies of the county.  The technical review staff shall make recommendations to the Planning Staff including any recommendations received from other public officials and agencies reviewing the proposal that is concerned with new development.

 

(5)  The technical review staff at the sketch plan stage will generally consist of County Engineer, County Health Department, local VFD, County Public Works Department, Superintendent of Schools, State Department of Transportation, local power company and local phone company.

 

(6)  The Administrator shall review the application for completeness and indicate areas of insufficient information that shall be corrected.

 

(7)  Nothing in this report shall constitute an acceptance of the plan of development.

 

(8)  The developer shall cure any identified deficiencies with 180 calendar days of notice of same.  Failure to provide sufficient information upon application may result in postponement of the Planning Board review date.  Failure to cure identified deficiencies within 180 calendar days of notice shall render the application void.

 

(9)  The Administrator shall also investigate requirements of the state and county concerning sanitary waste disposal.  The results of this review, together with the indication of sufficiency of information, shall be presented to the applicant and to the Planning Board in writing at the scheduled meeting.  The Administrator shall also file a formal report addressing the plan and its impacts and alternative measures that might be used to mitigate impacts, if any.

 

    (10)  The subdivider/developer or his or her agent must attend the Planning Board and all subsequent Board meetings for presentation of the application to the appropriate boards and to answer any questions by Board members and others.


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    (11)  The Planning Board shall discuss with the subdivider/developer or his or her agent changes deemed advisable, if any, and the kind and extent of improvements to be made.

 

    (12)  Upon hearing all remarks and recommendations by the subdivider/developer or his or her agent, county staff and technical review staff, the Planning Board shall recommend approval, approve conditionally, disapprove or table the application.

 

    (13)  Within 60 calendar days from the date of its first review of the sketch plan, the Planning Board will forward the plat along with its recommendations, including any conditions or modifications, to the Board of Commissioners.  Failure to forward the plat within the allotted time shall have the same effect as a recommendation for approval.

 

    (14)  During the first regularly scheduled monthly meeting of the Board of Commissioners following recommendation by the Planning Board, the Board of Commissioners will set a public hearing date to hear any and all remarks presented by the subdivider/developer, staff comments and recommendations, technical staff comments and others.

 

    (15)  The subdivider/developer or his or her agent must attend the Board of Commissioners and all subsequent Board meetings for presentation of the application to the appropriate Board and to answer any questions by Board members and others.

 

    (16)  The Board of Commissioners shall discuss with the subdivider/developer or his or her agent changes deemed advisable, if any, and the kind and extent of improvements to be made by him or her.

 

    (17)  Upon conclusion of the public hearing, the Board of Commissioners may approve, approve conditionally, disapprove or table the request as set forth in the Board of Commissioner's rules of procedures and by state law.  Because of the conceptual presentation involved, this shall not constitute an official action of approval of the subdivision for recordation.  The reasons for a conditional approval or disapproval shall be placed in the record of the minutes of the proceedings.

 

    (18)  Receiving approval from the Board of Commissioners shall allow the subdivider/developer to proceed with submission of all materials and information required for the preliminary plat review process and to seek all permits as required under this subchapter.

 

(G) Preliminary plat procedures.

 

(1)  The purpose of the preliminary plat application is to provide the county with sufficient, detail information to indicate exactly what the developer intends to construct so that potential consequences can be predicted and evaluated.  Following the determination of completeness of the information and the conference to consider alternative development plans (when necessary), the developer shall submit the required information, as listed in the chart on the preceding pages, along with a PUD review fee.


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(a)  The subdivider shall submit copies of the preliminary plat and any accompanying material to those public officials and agencies concerned with new development a minimum of 30 working days prior to submitting the preliminary plat application to the county.  The Administrator will help to advise the subdivider concerning which agencies are applicable for a given proposal, but it will ultimately be the subdivider's responsibility to obtain the required permits and approvals.

 

(b)  The preliminary plat shall be submitted to the Administrator prior to the Planning Board meeting at which time it will be reviewed.  The staff shall review the preliminary plat for general compliance with the requirements of this chapter and other official plans, ordinances and policies of the county.  The technical review staff shall make recommendations to the planning staff, including any recommendations received from other public officials and agencies reviewing the proposal that is concerned with new development.

 

(c)  The technical review staff consists of County Engineer, County Health Department, local VFD, Fire Marshal, Soil Conservation Service, County Public Works Department, Coastal Management, U.S. Army Corps of Engineers, Superintendent of Schools, Department of Environment, Health and Natural Resources‑Division of Land Resources-Land Quality Section, Division of Environmental Management‑Groundwater Section, Division of Health Services (DHS), State Department of Transportation, local power company, local phone company, as applicable, and other agencies as needed.

 

(2)  All construction permits and approvals must be obtained by the subdivider/ developer from all local, state and federal agencies requiring the approval of the development prior to submission of the preliminary plat for review by the Planning Board.

 

(3)  Upon submission of the required information, to be referred to as the preliminary plat application, the Administrator shall request of the Planning Board a date for hearing and review.  A minimum of 30 working days shall be required between date of submission and the date of the hearing. The Administrator shall review the application for completeness and indicate areas of insufficient information that shall be corrected.  Nothing in this report shall constitute as acceptance of the plan of development.  The developer shall cure any identified deficiencies in the report within 180 days of notice.  Failure to correct identified deficiencies within the 180-day period shall render the application void.  In the event that the developer does not accept the determination of insufficiency of information, appeal shall be to the Board of Commissioners for final decision.

 

(4)  Immediately following the submission of an application, the Administrator shall take steps as are necessary to review the relevant aspects of the application regarding the completeness of the information and assessment of the anticipated impact including possible mitigation of adverse effects. The Administrator shall also investigate requirements of the state and county concerning sanitary waste disposal.  The results of this review together with the indication of sufficiency of information shall be presented to the applicant and to the Planning Board in writing at the scheduled meeting.


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(5)  The Planning Board shall review the preliminary plan and approve, conditionally approve, disapprove or table the plan.  In order to assist them in their review, the Administrator shall compile written recommendations of the county technical staff and consultants analyzing the impacts relevant to them, the extent to which the plan appears to have addressed these impacts and additional mitigation measures they recommend.  The Administrator shall also file a formal report addressing the plan and its impacts and alternative measures that might be used to mitigate impacts, if any.

 

(6)  Within 60 days from the date of its first review of the preliminary plat, the Planning Board will forward the plat along with its recommendations, including any conditions or modifications, to the Board of Commissioners.  Failure to forward the plat within the allotted time shall have the same effect as a recommendation for approval.

 

(7)  During the first regularly scheduled monthly meeting of the Board of Commissioners following recommendation by the Planning Board, the Board of Commissioners will hear any and all remarks presented by the subdivider/developer, staff comments and recommendations, technical staff comments and others.

 

(8)  The Board of Commissioners shall review the same and approve, conditionally approve, disapprove or table the plan.  The reasons for a conditional approval or disapproval shall be placed in the record of the minutes of the proceedings.  Serious consideration shall be given not only to the design of the plat, but to the thoroughness with which the fiscal and environmental impact reports have identified and mitigated potential adverse effects.

 

(9)  Upon receiving approval of the preliminary plat by the Board of Commissioners, the subdivider will receive a construction permit/letter from the Planning and Inspections Department. Construction permits/letters must be issued prior to any land disturbing activities commencing on the development.  Construction permits/letters can be obtained when all required permits have been obtained by the subdivider, reviewed by the Administrator and meets or exceeds all requirements of this chapter.  Failure to obtain the construction permit/letter prior to any land disturbing activities may be cause for revocation of preliminary plat approval by the Board of Commissioners.  If the proposed plans substantially change, at the direction of the Administrator, modifications shall be reviewed by the Planning Board and Board of Commissioners, as a regular agenda item unless determined to be and handled as a new application; which shall require a public hearing.

 

    (10)  Upon approval of the preliminary plat by the Board of Commissioners, the subdivider may proceed with the preparation of the final plat and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this section. Prior to approval of a final plat, the subdivider shall have installed the improvements in accordance with the approved preliminary plat and the requirements of this chapter or guaranteed their installation as provided herein.


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    (11)  Preliminary approval shall remain in force for two years following approval by the Board of Commissioners after which time it becomes null and void unless granted a written extension by the Board of Commissioners for a period not to exceed one year.  The Board of Commissioners shall grant no more than one extension for a preliminary plat.  No extension may be granted unless applied for before preliminary plat approval has expired.  Renewal shall be in writing and at the option of the Board of Commissioners, with consideration given to any changes in conditions and regulations since the  original approval was granted.  Approval of the preliminary plat shall constitute authorization for the Administrator to issue a zoning permit to allow a temporary office trailer to be located within the PUD for the exclusive purpose of conducting the business of that development.  The permit shall expire one year from the date of issuance, but may be renewed on an annual basis upon submission of evidence to the Administrator showing that the trailer is still being used as originally permitted.  The unit shall be removed within 30 days of the expiration of the permit.  The office trailer must not be an altered mobile or on‑frame modular home.

 

    (12)  Preliminary plat approval shall in no way be construed as constituting an official action of approval for recording of the subdivision as required by this subchapter.

 

(H) Final plat procedures.

 

(1)  No final plat will be accepted for review by the Planning Board unless accompanied by written notice by the Administrator acknowledging compliance with division (G) above.

 

(2)  The final plat shall constitute only that portion of the preliminary plat, which the subdivider proposes to record and develop at this time.  The portion shall conform to all requirements of this chapter.  No final plat shall be approved unless and until the subdivider shall have installed, in that area represented on the final plat, all improvements required by this chapter or shall have guaranteed their installation as provided in division (M) below.

 

(3)  The subdivider shall submit the final plat to the Administrator not less than 20 working days prior to the regular Planning Board meeting at which it will be considered.  Further, the plat shall be submitted not more than 12 months after the date on which the preliminary plat was approved, otherwise the approval shall be null and void, unless a written extension of this time limit is granted by the Board of Commissioners on or before the one-year anniversary of the approval.

 

(4)  The final plat shall be prepared by a surveyor licensed and registered to practice in the state.  The final plat shall substantially conform to the provisions for plats, subdivisions and mapping requirements, as set forth in G.S. § 47‑30, as amended.

 

(5)  Final plats shall be of a size suitable for recording with the County Register of Deeds.  Maps may be placed on more than one sheet with appropriate match lines.

 

(6)  Submission of the final plat shall be accompanied by a filing fee as specified in the adopted fee schedule of the county.


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(I)   Final plat review process.

 

(1)  All supplementary materials required under this section and a completed application form must be submitted to the Planning and Inspections Department prior to the established cut‑off date for submissions to the Planning Board.

 

(2)  The subdivider/developer or his or her agent must attend the Planning Board and all subsequent Board meetings for presentation of the application to the Board and to answer any questions by Board members and others.

 

(3)  Upon hearing all remarks and recommendations by the subdivider/developer or his or her agent, county staff and technical review staff, as needed, the Planning Board, shall approve, approve conditionally, disapprove or table the application.  The Planning Board shall act on final plats in lieu of the Board of Commissioners in accordance with G.S. § 153A‑332.

 

(4)  If the final plat is approved or approved conditionally, it shall be noted on two copies of the plat by the Board of Commissioner Chairperson or his or her designee.  One copy shall be returned to the subdivider/developer and one copy shall be retained by the Planning and Inspections Department. If the final plat is disapproved, the Board of Commissioners Chairperson or his or her designee shall specify the reasons for the action in writing.  One copy will then be attached and forwarded to the subdivider/developer and one copy will be retained by the Planning and Inspections Department.

 

(J)   Plat approval not acceptance of dedication offers.  Approval of a plat does not constitute acceptance by the county or other public agency of the offer of dedication of any streets, sidewalks, parks or other public facilities shown on a plat.  However, the county or other public agency may, to the extent of its statutory authority, accept the offer of dedication by resolution of the governing body or by actually exercising control over and maintaining the facilities.

 

(K)  Protection against defects.

 

(1)  Whenever occupancy, use or sale is allowed before the completion of all facilities or improvements intended for dedication, then the letter of credit or the surety that is posted pursuant hereto shall guarantee that any defects in the improvements or facilities that appear within one year after the dedication of the facilities or improvements is accepted, or within 18 months after the facilities are completed, whichever occurs first, shall be corrected by the developer.  For purposes of this section, the Administrator shall determine the date of completion of the facilities.

 

(2)  Whenever all public facilities or improvements intended for dedication are installed before occupancy, use or sale is authorized, then the developer shall post a letter of credit or other sufficient surety guarantee that he or she will correct all defects in the facilities or improvements that occur within one year after the offer of dedication of the facilities or improvements is accepted, or within 18 months after the completion of the facilities, whichever occurs first.  For purposes of this section, the Administrator shall determine the completion date of the facilities.


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(3)  An architect or engineer retained by the developer shall certify to the county that all improvements have been constructed in accordance with the requirements of this chapter.  This certification shall be a condition precedent to acceptance by the county of the offer of dedication of the facilities or improvements.

 

(4)  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

DEFECTS.  Any condition in facilities or improvements offered for public dedication that requires the county or other public authority to make repairs in the facilities over and above the normal amount of maintenance that they would require.  If the DEFECTS appear, the guaranty may be enforced  regardless of whether the facilities or improvements were constructed in accordance with the requirements of this chapter.

 

(L)  Maintenance of dedicated areas until acceptance.

 

(1)  All facilities and improvements with respect to which the owner makes an offer of dedication to public use shall be maintained by the owner until the offer of dedication is accepted by the appropriate public authority.

 

(2)  The developer of any development containing streets intended for public dedication shall post a letter of credit or other sufficient surety to guarantee that the streets will be properly maintained until the offer of dedication is accepted by the State Department of Transportation.

 

(a)  This maintenance guarantee may be combined with any provided hereunder; and

 

(b)  The amount of the security shall generally constitute 15% of the cost of the improvements.  The developer shall provide information sufficient to determine the cost of the improvements.

 

(3)  The Board may relieve the developer of the requirements of this section if it determines that a property owner’s association has been established for the development and that this association has assumed and is capable of performing the obligations set forth in division (L)(1) above.

 

(M)Acceptable bond terms and methods.  The following types of bonds/guarantees will be acceptable to the Board for the purpose of satisfying maintenance, generally 15%, and performance guarantees, generally 115%, prior to recording of the final plat:

 

(1)  Surety bonds by a licensed surety bond company;

 

(2)  Irrevocable letters of credit on forms approved by the County Attorney with a banking institution insured by the FDIC or other reputable institution; and


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(3)  Cash bond with the Finance Officer named as trustee.

 

(N) Authorization to file.  Upon approval of the final plat, the subdivider shall have authorization  to file the plat with the Register of Deeds.  Approval shall be null and void for any plat not recorded within 90 days.

 

(O) Replatting or resubdivision of land.

 

(1)  For any replatting or resubdivision of land, the same procedures, rules and regulations contained in § 151.515 shall apply as prescribed for an original subdivision.

 

(2)  Lot sizes may, however, be varied on an approved plat after recording, provided that no lot or tract shall be created or sold that is smaller than the size shown on the approved plat; drainage easements shall not be changed; rights‑of‑way shall not be changed; street alignment and block sizes shall not be changed; the rear portion of the lots shall not be subdivided for the front part; and the character of the area shall be maintained.

(Ord. passed 12-15-97; Am. Ord. passed 9-18-00)

 

 

 

SITE PLANS REQUIRED

 

 

§ 151.310  GENERAL.

 

Site plans shall be required from applicants prior to issuance of any permit (building, zoning, conditional use permit, special use permit, variance) by the county.

(Ord. passed 12-15-97)

 

 

§ 151.311  RESIDENTIAL SITE PLAN REQUIREMENTS.

 

(A) Sketch site plans shall be drawn with as true an approximate scale as possible, which reviewing agents can determine that all requirements of this chapter are met.  Professional renderings are not required.

 

(B)  Applicant will be required to sign the zoning form as being a true reflection of what is existing and what is being proposed.

 

(C)  The following minimum information shall be included on the site plan:

 

(1)  Lot/parcel dimensions;


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(2)  Zoning designation;

 

(3)  All property line setback requirements;

 

(4)  All existing physical features, such as structures, buildings, streets, roads and the like;

 

(5)  Location and dimensions of proposed construction;

 

(6)  Flood zone, as determined by FIRM maps; and

 

(7)  Any additional information as required by the reviewing agents.

(Ord. passed 12-15-97)

 

 

§ 151.312  COMMERCIAL SITE PLAN REQUIREMENTS.

 

(A) A site plan for all non-residential development shall be submitted to the county for review prior to issuance of required building permits.

 

(B)  All non-residential site plans shall be submitted at a scale of one inch equals 50 feet or larger with three black or blue line paper prints and drawn in a professional like manner showing true dimensions.

 

(C)  Site plan review fees will be charged as reflected in the county's adopted fee schedule.

 

(D) Unless otherwise determined by the Zoning Administrator, site plans shall show the following minimum information:

 

(1)  Site data, including vicinity sketch, north arrow, engineering scale ratio, acreage, title of development, date of plan, gross floor area of all buildings, name and address of owner/developer and person or firm preparing the plan;

 

(2)  Zoning setback lines;

 

(3)  Location(s) and dimension(s) of all vehicular entrances, exits, drives and fire lanes;

 

(4)  Location, arrangement and dimension of all automobile parking spaces, width of aisles, width of bays, angle of parking and number of spaces;

 

(5)  Location, arrangement and dimension of all truck unloading docks, ramps and spaces;


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(6)  Refuse collection (dumpster) container space(s) location;

 

(7)  Location(s) of all building(s) with exterior dimensions;

 

(8)  Location and dimensions of all fences, walls, docks, ramps, pools, patios and surfaces areas;

 

(9)  Location of water tap(s) denoting size(s) of line(s) or well area;

 

    (10)  Location of sewer tap(s) denoting size(s) of line(s) and pole(s);

 

    (11)  Location of electrical service connection(s), meter(s) and pole(s);

 

    (12)  Existing and proposed fire hydrant location(s);

 

    (13)  Location and dimension of all easements and rights-of-way as determined by the State Department of Transportation;

 

    (14)  Location(s) and size(s) of all public utility lines (water, sewer and storm sewer) within all adjacent public rights-of-way and easements;

 

    (15)  Drainage plan, including site surface drainage, pipe size, yard drains, catch basins, curb inlets and topographic features;

 

    (16)  Curb and gutter alignment, including street widening and storm drainage, if necessary shall be required;

 

    (17)  Screening/landscaping plan with a species directory shall be required showing plants with common names, sizes and numbers of plants and trees;

 

    (18)  Sight distance triangle, 10 feet by 70 feet, shall be indicated at the intersection of all public right‑of‑way lines and 10 feet by 35 feet at the intersection of a right‑of‑way and driveway;

 

    (19)  Flood zone, as determined by FIRM maps; and

 

    (20)  Any additional information as may be required by the reviewing agents.

(Ord. passed 12-15-97)

 

 


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PERMISSIBLE USES AND TABLE

 

 

§ 151.325  GENERAL.

 

The table of permissible uses should be read in close conjunction with the definitions of terms set forth in § 151.600, the provisions of this subchapter and the other interpretative provisions set forth in this chapter.

(Ord. passed 12-15-97)

 

 

§ 151.326  USE OF THE DESIGNATIONS “Z,” “S” AND “C” IN TABLE.

 

(A) The letter “Z” means that the use is permissible in the indicated zone with a zoning permit issued by the Administrator, the letter “S” means a special use permit must be obtained from the Board of Commissioners and the letter “C” means a conditional use permit must be obtained from the Board of Adjustment.

 

(B)  When used in connection with non‑residential uses, the designation “ZS” or “ZC” means that the developments require a zoning permit if the lot to be developed is less than five acres in size and a special or conditional use permit, respectively, if the lot is five acres or larger in area.

 

(C)  Use of the designation “Z,” “S” and “C” for combination uses is explained in § 151.332.

(Ord. passed 12-15-97)

 

 

§ 151.327  BOARD OF ADJUSTMENTS JURISDICTION OVER USES OTHERWISE

PERMISSIBLE WITH A ZONING PERMIT.

 

Whenever the table of permissible uses, interpreted in the light of § 151.326 and other provisions of this subchapter, provides that a use in a non-residential zone or a nonconforming use in a residential zone is permissible with a zoning permit, a special use permit shall nevertheless be required if the Administrator finds that the proposed use would have an extraordinary impact on neighboring properties or the general public that is not otherwise addressed by the county or the state.  In making this determination, the Administrator shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

 

 

 

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§ 151.328  PERMISSIBLE USES AND SPECIFIC EXCLUSIONS.

 

(A) The presumption established by this chapter is that all legitimate uses of land are permissible within at least one zoning district within the county.  Therefore, because the table of § 151.334 cannot be all‑inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

 

(B)  All uses that are not listed in § 151.334 and that do not have impacts that are similar to those of the listed uses are prohibited.  Nor shall § 151.334 be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.

 

(C)  Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

 

(1)  Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed or other business is conducted, except that the following shall not be prohibited solely by this section:

 

(a)  Retail sale of food products, with a local Health Department certification, from a vehicle that is removed from the site each day after completion of the sales;

 

(b)  Retail sale of goods and merchandise manufactured, created or produced by the seller, so long as the vehicle is removed from the site each day after the completion of sales; or

 

(c)  Use of a truck trailer for temporary purposes at a construction site, in accordance with § 151.211.

 

(2)  Package treatment plant waste water disposal systems that discharge to surface waters;

 

(3)  Use of a travel trailer as a permanent residence and use of a travel trailer as a temporary residence outside of a campground, except in accordance with § 151.210;

 

(4)  Except as specifically provided herein, there shall be no more than one dwelling unit per lot; and

 

(5)  No travel trailer, such as a camper or recreational vehicle, in which a person is regularly sleeping in, cooking in, bathing in or otherwise living in shall be allowed to remain parked in the same or similar location on the same premises for more than 30 days in any 45 day period without first obtaining a zoning permit.  In obtaining such zoning permit the applicant must clearly show in writing (a) how potable water will be supplied to the travel trailer; (b) the means for disposing of wastewater; (c) the means for disposing of trash; and (d) an agreement by the property owner stating the length of time the travel trailer is allowed to be located on the premises.  No travel trailer shall be allowed to remain parked in the same or similar location on the same premises for more than 90 days in any

 

 

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115‑day period.  The administrator may grant a 30‑day extension of the zoning permit providing that the trailer is otherwise in compliance with the law (e.g. 1 through 4 above and no other violations of law) and upon a written showing of good cause.

 

(D) The table of § 151.334 indicates that 4.000 classification uses generally are permissible in both the I‑1 and I‑2 zoning districts.  Notwithstanding any contrary implication in that table, the following uses are permissible only within the I‑2 district.  The use descriptions are taken from the Standard Industrial Classification Manual, published by the U.S. Department of Commerce, to which reference may be made for a more complete description of each type of use.

 

 

S.I.C. Number

 

Group No.

 

Industry No.

 

Use Description

 

201

 

2011

 

Meat packing plants

 

201

 

2013

 

Sausages and other prepared meat products

 

204

 

2047

 

Dog, cat and other pet food

 

207

 

2077

 

Animal and marine fats and oils

 

261

 

All

 

Pulp mills

 

262

 

All

 

Paper mills

 

281

 

All

 

Industrial inorganic chemicals

 

286

 

All

 

Industrial organic chemicals

 

287

 

All

 

Agricultural chemicals

 

289

 

All

 

Miscellaneous chemical products

 

291

 

All

 

Petroleum refining

 

295

 

All

 

Paving and roofing materials

 

299

 

All

 

Misc. products of petroleum and coal

 

324

 

All

 

Hydraulic cement

 

327

 

3273

 

Ready mixed concrete

 

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.329  ACCESSORY USES.

 

(A) (1)  The table of § 151.334 classifies different principal uses according to their different impacts.  Whenever an activity is conducted in conjunction with another principal use and the former use:

 

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(a)  Constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or

 

(b)  Is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use.

 

(2)  For example, a country club is customarily associated with and integrally related to a residential subdivision or multi‑family development and would be regarded as accessory to the principal uses, even though the facilities, if developed apart from a residential development, would require a conditional use permit (use classification 6.210).

 

(B)  For purposes of interpreting division (A) above:

 

(1)  A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use; and

 

(2)  To be commonly associated with a principal use it is not necessary for an accessory use to be connected with the principal use more times than not, but only that the association of the accessory use with the principal use takes place with sufficient frequency that there is common acceptance of their relatedness.

 

(C)  Without limiting the generality of divisions (A) and (B) above, the following activities are specifically regarded as accessory to residential principal uses so long as they satisfy the general criteria set forth above.

 

(1)  An accessory use home occupation that is conducted by a person on the same lot where the person resides provided that:

 

(a)  The business activity is clearly incidental and subordinate to the residential use of the property;

 

(b)  There is no substantial visible evidence that a business is being conducted on the premises;

 

(c)  No vehicular or pedestrian traffic is generated in excess of that which is reasonable for a private residence;

 

(d)  Not more than one truck, van, car or other vehicle which is visibly for commercial use if kept on the property, nor any vehicle or trailer which is larger than 8 feet by 32 feet;

 

(e)  No open storage is maintained on the property; and

 

(2)  Hobbies or recreational activities of a non‑commercial nature;

 

 

2003 S-1


                                                    Unified Development                                               193

 

 

(3)  Yard sales or garage sales, as defined herein, so long as the sales are not conducted on the same lot for more than 3 days, whether consecutive or not, during any 60-day period;

 

(4)  The sale of agricultural products, either in a roadside stand or on a pick your own basis, from property where such products were grown or from land that is all part of the same farm or farming operation as the land where the products were grown shall be regarded as accessory to an agricultural operation (use classification 14.100);

 

(5)  A mobile home storage site may be permitted as an accessory use within a mobile home park under the conditions set forth in § 151.215;

 

(6)  Storage of up to four boats with a valid state permit or license (if applicable for the boat) for personal use;  storage of more than four boats with a valid state permit or license (if applicable for the boat) for personal use is permitted when there is at least one acre of land per each additional boat stored over four and the storage is completely screened from adjacent residential dwellings.  Nothing in this subsection shall be deemed to permit uses that could be classified as junkyards;

 

(7)  The placement of an accessory building on a lot where no residential dwelling is located, but where one is intended to be built, for the storage of equipment related to the upkeep of that lot; or

 

(8)  (a)  Horse stables, provided that, when located in an R‑1, R‑2 or R‑3 zoning district, the following standards shall be met.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S‑2    


194                                        Camden County - Land Usage

 

 

1.   All horses boarded on that premises shall belong to or be leased by the individual who owns and/or leases the land on which the stable is located.  Mares under breeding contract are exempt.

 

2.   The land on which the stable is located is at least two acres in size.

 

3.   No stable is within 200 feet of any existing adjoining residential dwelling and 100 feet from any adjoining water source (well) being used for human consumption.

 

4.   A dwelling is not required on the property where the stable is located.

 

5.   Stables must be operated and maintained in a healthy and safe manner.

 

(b)  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

HEALTHY AND SAFE.  Fences kept in good repair; potable water available on demand; protection from wind or rain; a sign posted indicating the name and phone number of the person to be contacted in case of emergency.

 

      (9)  Piers located on lots where no residential dwelling is located when used for the recreational enjoyment of the property owner shall be considered as an accessory use to the lot; and

 

    (10)  Fences, provided they do not exceed six feet in height for residential uses.  Fences exceeding six feet in height for residential uses shall be prohibited.  Barbed wire and electric fences are prohibited in residentially platted subdivisions not intended to accommodate livestock (such as residential farmettes whose restrictive covenants allow livestock and that conform to county zoning requirements shall not be subject to the barbed wire and electric fence provisions).

 

(D) The following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.

 

(1)  No motor vehicle, which does not have a current license plate and inspection sticker, shall be stored outside of an enclosed structure, unless the same is raised up on blocks or stands to a distance of one foot above the ground and is completely covered by a waterproof covering material.

 

(2)  The provisions and definitions of G.S. § 153A‑132 is adopted as a part of this chapter by reference and by adoption abandonment of motor vehicles is hereby prohibited.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)  Penalty, see § 10.99

 

 

 

 

 

 

2003 S-2


                                                    Unified Development                                               195

 

 

§ 151.330  PERMISSIBLE USES NOT REQUIRING PERMITS.

 

No zoning, special use or conditional use permit is necessary for the following uses:

 

(A) Streets;

 

(B)  Electric power, telephone, telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public street right-of-way;

 

(C)  Neighborhood utility facilities located within a public street right‑of‑way with the permission of the owner of the right‑of‑way; and

 

(D) Electric power distribution lines located within a utility easement other than major transmission lines.

(Ord. passed 12-15-97)

 

 

§ 151.331  CHANGE IN USE.

 

(A) (1)  A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes.

 

(2)  This occurs whenever:

 

(a)  The change involves a change from one principal use category to another;

 

(b)  If the original use is a combination use (use classification 27.000), the relative proportion of space devoted to the individual principal uses that comprise the combination use changes to an extent that the parking requirements for the overall use are altered;

 

(c)  If the original use is a combination use, the mixture of types of individual principal uses that comprise the combination use changes;

 

(d)  If the relative proportions of different types of dwelling units change; or

 

(e)  If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise may be classified under the same principal use or combination use category as the previous type of business).

 

1.   For example, if there is only one building on a lot and a florist shop that is the sole tenant of that building moves out and is replaced by a clothing store, that constitutes a change in use even though both tenants fall within principal use classification 2.111.


196                                        Camden County - Land Usage

 

 

2.   However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed.

 

3.   Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center‑combination use) has not changed.

 

4.   Further, reuse of an existing pier by a non‑recreational type of boat to another non‑recreational type boat shall not constitute a change of use.

 

(B)  (1)  A mere change in the status of property from unoccupied to occupied or vice‑versa does not constitute a change in use.

 

(2)  Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.

 

(C)  A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

(Ord. passed 12-15-97)

 

 

§ 151.332  COMBINATION USES.

 

(A) When a combination use comprises two or more principal uses that require different types of permits (zoning, special use or conditional use), then the permit authorizing the combination use shall be:

 

(1)  A conditional use permit if any of the principal uses combined requires a conditional use permit but none requires a special use permit;

 

(2)  A special use permit if any of the principal uses combined requires a special use permit; and

 

(3)  A zoning permit in all other cases.

 

(B)  This is indicated in the table of § 151.334 by the designation “Z,” “S” and “C” in each of the columns adjacent to the 27.000 classification.

 

(C)  Apartments, condominiums and townhouses are permitted in the CCD and MC districts pursuant to a special use permit.  Dwelling units may only be located above spaces in the same building

 

 

 

2003 S-1


                                                    Unified Development                                               197

 

 

where the space below the dwelling unit is used for commercial purposes.  In addition to any other requirements of law, such residential units are restricted as follows:

 

(1)  No part of the dwelling unit shall be less than 12 feet above grade;

 

(2)  No structure may be permitted where the space wholly or substantially in part underneath each and every dwelling unit is not designed and overtly intended to be used for commercial purposes.

 

(3)  Minimum parking standards shall apply, except that the total number of parking spaces may be reduced up to 25% upon acceptance by the approving authority that the structure does not lend itself to needing all of the commercial and residential parking spaces at most times during the day and night.

 

(4)  There shall be no interior hallways serving more than a single, individual dwelling unit.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.333  MORE SPECIFIC USE CONTROLS.

 

(A) (1)  Subject hereto, whenever a development could fall within more than one use classification in the table of § 151.334, the classification that most closely and most specifically describes the  development controls.

 

(2)  For example, a small doctor's office or clinic might easily fall within the 3.110 classification (office and service operations conducted entirely indoors and designed to attract customers or clients to the premises).

 

(B)  (1)  However, classification 3.130, physicians' and dentists' offices and clinics occupying not more than 10,000 square feet of gross floor area more specifically covers this use and therefore is controlling.

 

(2)  Barbed wire fencing, or similar, is prohibited in all zoning districts, except GUD.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.334  TABLE OF PERMISSIBLE USES.

 

The following is the table of permissible uses.

 

 

 

 

 

 

 

 

 

2003 S-2


198                                        Camden County - Land Usage

 

 

 

TABLE OF PERMISSIBLE USES

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

1.000

 

Residential

 

1.100

 

Single-Family Detached; One Dwelling Unit Per Lot

 

1.111

 

Site built

 

Z

 

Z

 

Z

 

 

 

 

 

 

 

 

 

Z

 

 

 

 

 

1.111.5

 

Modular

 

Z

 

Z

 

Z

 

 

 

 

 

 

 

 

 

Z

 

 

 

 

 

1.112

 

Class A mobile home

 

Z

 

Z

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.113

 

Class B mobile home

 

Z

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.114

 

Class C mobile home, subject to §§ 151.210 et seq.

 

Existing mobile homes and mobile home subdivisions, subject to §§ 151.210 et seq.

 

1.116

 

Class B mobile home, subject to § 151.347(J)

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.200

 

Two-Family Residences

 

1.210

 

Two-family conversion

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.220

 

Primary residence with accessory appointment

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.230

 

Duplex

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.240

 

Two-family apartment

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-2    


                                                    Unified Development                                               199

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

1.300

 

Multi-Family Residences

 

1.310

 

Multi-family conversion

 

 

 

 

 

 

 

S

 

 

 

S

 

S

 

 

 

 

 

 

 

1.320

 

Multi-family town homes

 

 

 

 

 

 

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

1.330

 

Multi-family apartments

 

 

 

 

 

 

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

1.400

 

Homes Emphasizing Special Services, Treatment or Supervision

 

1.410

 

Homes for handicapped, aged or infirm

 

 

 

 

 

 

 

S

 

S

 

 

 

 

 

 

 

 

 

 

 

1.420

 

Nursing care and intermediate care homes

 

 

 

 

 

 

 

S

 

S

 

 

 

 

 

 

 

 

 

 

 

1.430

 

Child care homes

 

S

 

S

 

S

 

S

 

S

 

 

 

 

 

S

 

 

 

 

 

1.440

 

Halfway houses

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

 

 

 

 

 

 

1.450

 

Family care home; provided there is a half-mile between them measured from lot lines

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

 

 

 

 

1.460

 

Family care homes for the aged

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

 

 

 

 

1.500

 

Miscellaneous Rooms for Rent Situations

 

1.510

 

Rooming houses and boarding houses

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

S

 

 

 

 

 

1.520

 

Bed and breakfast establishments

 

S

 

 

 

 

 

S

 

S

 

S

 

 

 

 

 

 

 

 

 

1.530

 

Tourist homes, rented by day or week

 

 

 

 

 

 

 

 

 

S

 

S

 

S

 

 

 

 

 

 

 

1.540

 

Hotels, motels and similar businesses

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1    


200                                        Camden County - Land Usage

 

 

 

 

 

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

1.500

 

Miscellaneous Rooms for Rent Situations  (Cont'd)

 

1.550

 

Hunting and fishing lodges

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

S

 

 

 

 

 

1.600

 

Temporary emergency construction and repair of residences

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

1.700

 

Home occupations

 

S

 

S

 

S

 

Z

 

Z

 

Z

 

Z

 

S

 

 

 

 

 

2.000

 

Sales and Rental of Goods, Merchandise and Equipment

 

2.100

 

No Storage or Display of Goods Outside of a Fully Enclosed Building

 

2.110

 

High volume traffic generation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.111

 

Convenience store

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

 

 

 

 

 

 

2.112

 

Other

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

 

 

S

 

S

 

2.120

 

Low volume traffic generation

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

 

 

Z

 

Z

 

2.130

 

Wholesale sales

 

 

 

 

 

 

 

 

 

 

 

Z

 

Z

 

 

 

Z

 

Z

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1          


                                                    Unified Development                                               201

 

 

 

 

 

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

2.200

 

Storage and Display of Goods Outside a Fully Enclosed Building Allowed

 

2.210

 

High volume traffic generation

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

S

 

S

 

2.220

 

Low volume traffic generation

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

 

 

S

 

S

 

2.230

 

Wholesale sales

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

 

 

S

 

S

 

2.230

 

Shopping center, subject to § 151.347

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

 

 

 

 

 

 

3.000

 

Office, Clerical, Research and Services Not Primarily Related to Goods or Merchandise

 

3.100

 

All Operations Conducted Entirely Within a Fully Enclosed Building

 

3.110

 

Operations designed to attract and serve customers or clients on the premises, such as the offices of attorneys, stock brokers, travel agents and other professions

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1    


 

 

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

3.100

 

All Operations Conducted Entirely Within a Fully Enclosed Building  (Cont'd)

 

3.120

 

Operations designed to attract little or no customer or client traffic other than employees of the entity operating the use

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

 

 

S

 

S

 

3.130

 

Offices or clinics of physicians or dentists with not more than 10,000 square feet of gross floor area

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

C

 

S

 

S

 

3.140

 

Government offices

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

 

 

Z

 

Z

 

3.200

 

Operation Conducted Within or Outside a Fully Enclosed Building

 

3.210

 

Operations designed to attract and serve customers or clients on the premises

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

S

 

S

 

3.220

 

Operations designed to attract little or no customer or client traffic other than employees of the entity operating the use

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

S

 

S

 

3.230

 

Banks with drive-in windows

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

 

 

 

 

4.000

 

Manufacturing, Processing, Creating, Repairing, Renovating, Painting, Cleaning, Assembling of Goods, Merchandise and Equipment, Subject to Hereto

 

202                                        Camden County - Land Usage

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1    


                                                    Unified Development                                               203

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

4.100

 

All Operations Conducted Entirely Within a Fully Enclosed Building

 

4.110

 

Majority of dollar volume of business done with walk-in trade

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

Z

 

Z

 

4.120

 

Majority of dollar volume business not done with walk-in trade

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

Z

 

Z

 

4.200

 

Operations conducted within or outside a fully enclosed building

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Z

 

Z

 

5.000

 

Educational, Cultural, Religious, Philanthropic, Social and Fraternal Uses

 

5.100

 

Schools

 

5.110

 

Elementary and secondary, including associate grounds, athletic and other facilities

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

 

 

 

 

5.120

 

Trade or vocational

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

 

 

 

 

5.130

 

Colleges, community colleges, including associated facilities such as dormitories, office buildings, athletic fields and the like

 

 

 

 

 

 

 

S

 

S

 

S

 

 

 

 

 

 

 

 

 

5.200

 

Churches, synagogues and temples, including associated residential structures for religious personnel

 

S

 

S

 

S

 

Z

 

Z

 

Z

 

Z

 

Z

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1          


 

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

5.300

 

Libraries, Museums, Art Galleries, Art Centers and Similar Uses, Including Associated Educational and Instructional Activities

 

5.310

 

Located within a building designed and previously occupied as a residence or within a building having a gross floor area not in excess of 3,500 square feet

 

S

 

S

 

S

 

S

 

S

 

 

 

 

 

 

 

 

 

 

 

5.320

 

Located within any permissible structure

 

 

 

 

 

 

 

S

 

S

 

Z

 

Z

 

 

 

 

 

 

 

5.400

 

Social, fraternal clubs and lodges, union halls and similar uses

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

S

 

 

 

 

 

 

 

6.000

 

Recreation, Amusement and Entertainment

 

6.100

 

Activity Conducted Entirely Within a Building or Substantial Structure

 

6.110

 

Bowling alleys, skating rinks, indoor tennis and racquetball courts, billiards and pool halls, indoor athletic and exercise facilities

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

 

 

 

 

6.120

 

Movie theaters

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

 

 

 

 

 

 

204                                        Camden County - Land Usage

 

                                                                 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1


 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

6.200

 

Activity Conducted Primarily Outside an Enclosed Building or Structure

 

6.210

 

Privately-owned outdoor recreation facilities, such as golf and country clubs and the like, not including campgrounds, not constructed pursuant to a permit authorizing the construction of some residential development

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

 

 

 

 

6.220

 

Publically-owned outdoor recreational facilities, such as athletic fields, golf courses, tennis courts, swimming pools, parks, campgrounds, boat ramps and docks and the like not constructed pursuant to a permit authorizing the construction of another use (such as school)

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

 

 

 

 

6.230

 

Golf driving ranges not accessory to golf courses, par three courses, miniature golf courses, skateboard parks, water slides and similar uses

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

 

 

 

 

 

 

6.240

 

Horseback riding, schooling and boarding facilities, provided that, when it's in an AR district, a minimum of ten acres is required, and not constructed pursuant to a permit authorizing a residential development

 

 

 

 

 

 

 

S

 

S

 

S

 

 

 

S

 

 

 

 

 

                                                    Unified Development                                               205

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1


206                                        Camden County - Land Usage

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

6.200

 

Activity Conducted Primarily Outside an Enclosed Building or Structure  (Cont'd)

 

6.250

 

Automobile and motorcycle racing tracks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

6.251

 

Competitive go-kart/ATV race tracks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

6.260

 

Drive-in movie theaters

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

 

 

 

 

 

 

6.270

 

Private Campgrounds

 

6.271

 

Travel trailers allowed

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

 

 

 

 

 

 

6.272

 

Travel trailers prohibited

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

 

 

 

 

 

 

6.280

 

Petting zoo

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

 

 

 

 

 

 

6.290

 

Recreational grounds

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

 

 

 

 

 

 

6.300

 

Outdoor firing range facilities, subject to §§ 151.347

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.000

 

Institutional Residences or Care/Confinement Facilities

 

7.100

 

Hospitals, clinics, other medical, including mental health, treatment facilities in excess of 10,000 square feet in gross floor area

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

 

 

S

 

S

 

7.200

 

Nursing care, intermediate care, handicapped, infirm or child care institutions

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

 

 

 

 

7.300

 

Institutions, other than halfway houses, where mentally ill persons are confined

 

 

 

 

 

 

 

 

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1


 

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

7.000

 

Institutional Residences or Care/Confinement Facilities  (Cont'd)

 

7.400

 

Penal and correctional facilities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

8.000

 

Restaurants, Dance Halls, Bars and Night Clubs

 

8.100

 

Restaurants

 

8.110

 

No substantial carry-out or delivery service, no drive-in service, no service or consumption outside a fully enclosed structure

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

 

 

 

 

 

 

8.120

 

No substantial carry-out or delivery service, no drive-in service, service or consumption outside a fully enclosed structure

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

S

 

 

 

 

 

 

 

8.130

 

Carry-out and delivery service, consumption outside a fully enclosed structure allowed, but no drive-in service

 

 

 

 

 

 

 

S

 

S

 

Z

 

S

 

 

 

 

 

 

 

8.140

 

Carry-out and delivery service, drive-in service, service outside a fully enclosed structure, with drive-in and delivery service

 

 

 

 

 

 

 

 

 

S

 

S

 

S

 

 

 

 

 

 

 

8.200

 

Dance halls, bars and nightclubs

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

 

 

 

 

 

 

                                                    Unified Development                                               207

 

                                                                 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1


 

 

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

9.000

 

Motor Vehicle and Boat Related Sales and Service Operations

 

9.100

 

Motor vehicle and boat sales or rental or sales and service

 

 

 

 

 

 

 

S

 

S

 

Z

 

Z

 

 

 

 

 

 

 

9.200

 

Automobile service center

 

 

 

 

 

 

 

S

 

S

 

Z

 

 

 

 

 

 

 

 

 

9.300

 

Gas sales operations

 

 

 

 

 

 

 

S

 

S

 

Z

 

Z

 

 

 

 

 

 

 

9.400

 

Automobile repair shop or body shop, provided all wrecked vehicles and parts are visually screened from the exterior of the property lines and right-of-way lines

 

 

 

 

 

 

 

S

 

S

 

S

 

 

 

 

 

 

 

 

 

9.500

 

Car wash

 

 

 

 

 

 

 

S

 

S

 

Z

 

 

 

 

 

 

 

 

 

10.000

 

Storage and Parking

 

10.100

 

Automobile parking garages or parking lots not located on a lot on which there is another principal use to which the parking is related

 

 

 

 

 

 

 

 

 

 

 

Z

 

S

 

S

 

 

 

 

 

208                                        Camden County - Land Usage

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1    


 

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

10.200

 

Storage of Goods Not Related to the Sale or Use of Those Goods on the Same Lot Where They Are Stored

 

10.210

 

All storage within completely enclosed structures

 

 

 

 

 

 

 

 

 

 

 

Z

 

S

 

 

 

 

 

 

 

10.220

 

Storage inside or outside completely enclosed structures

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

 

 

 

 

 

 

10.300

 

Parking of vehicles or storing of equipment outside enclosed structures where:

1) Vehicles or equipment are owned by the person making use of the lot; and

2) Parking or storage is more than a minor or incidental part of the overall use made of the lot

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

 

 

 

 

 

 

10.400

 

Temporary indoor/outdoor, mobile offices and one dwelling for the caretaker, when associated with off-site construction of a public facility and when in accordance with applicable provisions of §§ 151.210 and 151.211

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

11.000

 

Scrap materials, salvage yards, junk yards and automobile graveyards

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

                                                    Unified Development                                               209

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1


210                                        Camden County - Land Usage

 

 

 

 

 

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

12.000

 

Services and Enterprises Relating to Animals

 

12.100

 

Veterinarians

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

 

 

S

 

 

 

 

 

12.200

 

Kennels

 

 

 

 

 

 

 

S

 

S

 

S

 

 

 

S

 

 

 

 

 

13.000

 

Emergency Services

 

13.100

 

Law enforcement stations

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

13.200

 

Fire stations

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

13.300

 

Rescue squad and ambulance service

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

13.400

 

Civil defense operations

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

14.000

 

Agricultural, Silvicultural, Mining and Quarrying Operations

 

14.100

 

Agricultural Operations; Farming, Not Exempt as Bona-Fide Farms

 

14.110

 

Excluding livestock

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

14.120

 

Including livestock

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

 

 

 

2003 S-1    


                                                    Unified Development                                               211

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

14.100

 

Agricultural Operations; Farming, Not Exempt as Bona-Fide Farms  (Cont'd)

 

14.200

 

Silvicultural operations

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

14.300

 

Mining or quarrying operations, including on-site sales of products

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

S

 

14.400

 

Reclamation landfill

 

 

 

 

 

 

 

 

 

 

 

S

 

 

 

 

 

 

 

 

 

15.000

 

Miscellaneous Public and Semi-Public Facilities and Related Uses

 

15.100

 

Post office

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

Z

 

 

 

 

 

15.200

 

Airports and Air Strips

 

15.210

 

County-owned and operated airport

 

S

 

S

 

S

 

 

 

 

 

 

 

 

 

S

 

S

 

S

 

15.220

 

Privately-owned airport

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

S

 

15.230

 

Airstrip

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

 

 

 

 

15.300

 

Sanitary Landfill and Convenience Centers

 

15.310

 

County-owned and operated

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

15.320

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Z

 

Z

 

15.400

 

Demolition landfill

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

15.500

 

Incinerators

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

15.600

 

ABC stores

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

 

 

 

 

 

 

 

                                                                 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1


 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

16.000

 

Dry Cleaner and Laundromat

 

16.100

 

Dry cleaner

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

 

 

 

 

 

 

16.200

 

Laundromat

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

 

 

 

 

 

 

17.000

 

Utility Facilities

 

17.100

 

Neighborhood

 

S

 

S

 

S

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

17.200

 

Community or regional

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

17.300

 

County-owned or operated

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

18.000

 

Wireless Telecommunications Facilities (WTF), Towers and Other Related Structures

 

18.100

 

WTF, antennas, supporting structures, radio or television towers which are 35 feet or less and receive only earth stations

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

18.200

 

WTF, antennas, support structures and towers of all types that are over 35 feet tall, subject to § 151.035

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

Z

 

S

 

S

 

19.000

 

Open Air Markets

 

19.100

 

Farm and craft markets, produce markets not qualifying as an accessory use to use classification 14.100

 

S

 

S

 

S

 

 

 

 

 

Z

 

Z

 

Z

 

 

 

 

 

212                                        Camden County - Land Usage

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1


 

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

19.000

 

Open Air Markets  (Cont'd)

 

19.200

 

Flea markets

 

 

 

 

 

 

 

 

 

 

 

S

 

 

 

 

 

 

 

 

 

20.000

 

Funeral homes

 

 

 

 

 

 

 

 

 

 

 

Z

 

Z

 

 

 

 

 

 

 

21.000

 

Cemetery and Crematoriums

 

21.100

 

Cemetery not on same property as church

 

S

 

S

 

S

 

 

 

 

 

 

 

 

 

S

 

 

 

 

 

21.200

 

Cemetery on same property as church

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

21.300

 

Crematorium

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

22.000

 

Nursery school and day-care centers

 

 

 

 

 

 

 

S

 

S

 

S

 

 

 

S

 

 

 

 

 

23.000

 

Temporary construction and sales offices

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

24.000

 

Crabshedding

 

 

 

 

 

 

 

 

 

 

 

 

 

Z

 

 

 

 

 

 

 

24.100

 

Home-based commercial fishing

 

 

 

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25.000

 

Commercial Greenhouses or Nurseries

 

25.100

 

On-premises sales permitted

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

26.000

 

Special events

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

                                                    Unified Development                                               213

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1


 

 

 

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

25.000

 

Commercial Greenhouses or Nurseries  (Cont'd)

 

27.000

 

Combination uses

 

ZSC

 

ZSC

 

ZSC

 

ZSC

 

ZSC

 

ZSC

 

ZSC

 

ZSC

 

ZSC

 

ZSC

 

28.000

 

Off-premises signs

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

Z

 

29.000

 

Subdivisions

 

29.100

 

Major

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

29.200

 

Minor (see § 51.260 for zoning permit authority when one lot created)

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

29.300

 

Private access subdivision (see § 51.260 for zoning permit authority when one lot created)

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

30.000

 

Stockyards, slaughterhouses, rendering plants

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

31.000

 

Agribusiness uses

 

S

 

S

 

 

 

 

 

 

 

 

 

Z

 

Z

 

Z

 

Z

 

32.000

 

Miscellaneous Water-Related Uses

 

214                                        Camden County - Land Usage

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S-1


 

 

 

 

 

 

Use No.

 

Description

 

R-1

 

R-2

 

R-3

 

CCD

 

NCD

 

HC

 

MC

 

GUD

 

I-1

 

I-2

 

32.100

 

Boat Ramps

 

32.110

 

Publicly-owned

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

32.120

 

Privately-owned, but open to the public on a fee basis

 

 

 

 

 

 

 

 

 

S

 

S

 

S

 

S

 

 

 

 

 

32.200

 

Marinas, not associated with a residential development

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Z

 

 

 

 

 

33.000

 

Adaptive reuse of historic property

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

S

 

34.000

 

Land application of commercial sludge and commercial liquid septage

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

S

 

35.000

 

Adult and sexually-oriented businesses, subject to § 151.216

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S

 

NOTES TO TABLE:

Z - Zoning permit required.

C - Conditional use permit required.

S - Special use permit required.

 - The underpinning of a modular home shall be masonry with bricks covering all of the exposed masonry underpinning.

 

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(Ord. passed 12-15-97; Am. Ord. passed 4-2-01; Am. Ord. 2002‑04-02, passed 4-15-02; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

 

 

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                                       CONDITIONAL AND SPECIAL USES

 

 

§ 151.345  PURPOSE OF THE CONDITIONAL AND SPECIAL USE PERMIT.

 

(A) Conditional and special use permits allow flexibility to this chapter.  Subject to high standards of planning and design, certain property uses are allowed in the several districts where these uses would not otherwise be acceptable.  By means of controls exercised through the conditional and special use permit procedure, property uses which would otherwise be undesirable in certain districts can be developed to minimize any negative effects that they might have on the surrounding properties.

 

(B)  Sections 151.325 through 151.334 sets forth uses that may be established as a matter of right in each district.  Some land uses, however, have a particular impact on the surrounding land that cannot be determined and controlled by general regulations.  In order to insure that these uses, in their proposed locations, would be compatible with surrounding development, their establishment shall not be as a matter of right, but only after review and approval as hereinafter provided.

(Ord. passed 12-15-97)

 

 

§ 151.346  GENERAL STANDARDS.

 

(A) Subject to division (B) below, the Board of Adjustment or the Board of Commissioners, respectively, shall issue the requested permit unless it concludes, based upon the information submitted at the hearing, that:

 

(1)  The requested permit is not within its jurisdiction according to the table of permissible uses;

 

(2)  The application is incomplete; or

 

(3)  If completed as proposed in the application, the development will not comply with one or more requirements of this chapter, not including those the applicant is not required to comply with under the circumstances specified in §§ 151.360 through 151.368.

 

(B)  Even if the permit issuing board finds that the application complies with all other provisions of this chapter, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:

 

(1)  Will materially endanger the public health or safety;

 

(2)  Will substantially injure the value of adjoining or abutting property;

 

 

 

 

 

 

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(3)  Will not be in harmony with the particular neighborhood or area in which it is to be located (even though the proposed use and surrounding uses are generally permissible in the same district and therefore usually compatible);

 

(4)  Will not be in general conformity with the land use plan, thoroughfare plan or other plan officially adopted by the board; or

 

(5)  Will exceed the county's ability to provide adequate public facilities, including, but not limited to schools, fire and rescue, law enforcement and other county facilities.  Applicable state standards and guidelines shall be followed for determining when public facilities are adequate.  The facilities must be in place or programmed to be in place within two years after the initial approval of the sketch plan.  In the case of subdivision and multi-family development at the sketch plan/special use, preliminary plat or final plat stage, the Board of Commissioners may establish time limits on the number of lots/units available for development to assure adequate public facilities are available in accordance with § 151.510.

(Ord. passed 12-15-97)

 

 

§ 151.347  SPECIFIC STANDARDS.

 

(A) In addition to complying with the general standards of § 151.346, uses listed under this section shall comply with the provisions contained herein.

 

(B)  Home occupation not considered an accessory use home occupation, as defined in §§ 151.325 through 151.334:

 

(1)  A sign may not exceed six square feet (two feet by three feet);

 

(2)  Open or exterior storage, including storage in structures not constructed with similar materials as that of the principle structure, must be fenced with opaque fencing;

 

(3)  A permit to construct an accessory building or addition must conform in appearance to existing primary or accessory structures and may not have a commercial appearance;

 

(4)  The use does not disturb or intrude upon the residential character of the subject property or the surrounding neighborhood; and

 

(5)  The following is prohibited:

 

(a)  Any on‑premises retail sales of goods not produced on‑site;

 

(b)  More than two persons not a resident on the premises are employed in connection with the purported home occupation;


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(c)  The use creates objectionable noise, fumes, odor, dust or electrical interference;

 

(d)  More than one motor vehicle that is used in connection with the purported home occupation is regularly kept on the property or the adjacent street; and

 

(e)  More than 25% of the total gross floor area of residential buildings, plus other buildings housing the purported home occupation or more than 1,000 square feet of gross floor area, whichever is less, is used for home occupation purposes.

 

(C)  Recreation grounds, but not a recreation campground may be permitted provided that the following conditions are met:

 

(1)  Minimum area for creation of a recreation ground shall be 20 acres under single ownership or control.

 

(2)  Recreation grounds must be operated by a non-profit group.  

 

(3)  Cottages, cabins or dormitory buildings must be constructed of such a nature that they will not be feasiblely adaptable for year round occupancy.

 

(4)  The minimum size of cottage, cabin or dormitory building shall be not less than 640 square feet.

 

(5)  There shall be a buffer of not less than 100 feet between all building and the nearest property line.

 

(6)  The facilities shall not accommodate more than ten persons per acre for overnight occupancy.

 

(7)  A site plan drawn to scale shall be presented to the Board of Adjustment with other supporting materials for approval.

 

(D) Recreation campgrounds:

 

(1)  Recreation campgrounds are permitted only with a special use permit in GUD districts.  The following uses are permitted:

 

(a)  Use of transportable recreational housing, other than for long term occupancy or dwelling units; and

 

 


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(b)  Establishments for the sale or rental of supplies or for provisions or services, for the satisfaction of daily or frequent needs of campers.  The establishments include those providing groceries, ice, sundries, bait, fishing equipment, self‑serving laundry equipment and the like, designed to serve only the needs of campers within the campground, but shall not, including the associated parking area(s), occupy more than 2% of the area of the campground and shall not be so located as to attract patronage from outside the grounds, nor to have adverse effects on surrounding land uses.

 

(2)  Minimum dimensional requirements:

 

(a)  Minimum area for creation of a recreational campground shall be ten acres under single ownership or control.  At the opening of any recreational campground for occupancy by units, all required facilities and improvements shall have been completed and the minimum number of spaces available and ready for occupancy shall be 20.  Minimum size for a single camper space shall be 3,000 square feet.

 

(b)  Recreation area shall be not less than 8% of the area of the recreational campground shall be devoted to recreational area.  The recreation area may include space for common walkways and related landscaping in block patterns (passive recreational area), provided that the common open space is at least 20 feet in width.  At least half of the total required recreational area shall be improved with facilities for active recreation such as swimming pools or beaches, ballfields, shuffleboard courts, play lots for small children and the like, or of a nature so designed to serve the type of campers anticipated and so located as to be readily available from all spaces and free from traffic hazards.

 

(3)  Camping is a permitted use of land only in recreation campgrounds.

 

(E)  (1)  A 20-foot buffer, in addition to the side and rear setbacks, shall be required where the use abuts residential use or a residential zone.  The buffer may be reduced to ten feet where substantial vegetation or opaque fencing at least six feet high is present.

 

(2)  Buffer and setback areas in the side and rear may not be used for parking.

 

(3)  No open storage shall be permitted.  All materials, supplies or products shall be stored under roof or shall be screened from view with opaque fencing.  This shall not apply to finished products presented in the open for display and sale.

 

(4)  Light industrial use must include retail sales on the premises.

 

(5)  The use shall not generate more noise, smoke, odor, fumes, vibrations or other disturbance than is characteristic of permitted business uses located within 1,000 feet in any direction when observed, measured or monitored from the closest property line.  In cases where the monitoring, measuring or observation is required, it shall be the responsibility of the applicant to provide adequate information to the Board of Adjustment.


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(6)  In no case shall any use listed in the table set forth in § 151.334, as permissible only within the I‑2 zoning district, be permissible within any commercial zoning district.

 

(F)  (1)  Within 500 feet of any building that houses the 4.100 use there are no residences that are occupied or held ready for occupancy or under construction on the day the permit is issued.

 

(2)  An opaque (Type A) screen shall be installed to shield neighboring property from the view of any building that houses the 4.100 use.  If a fence is used to accomplish the opaque screen, evergreen vegetation shall be planted outside of the screen such that, within six years, the fence will not be visible from a distance of at least ten feet.  A semi‑opaque (Type B) screen shall be required along all street rights‑of‑way.  Existing vegetation shall be preserved to the maximum extent possible.

 

(3)  The proposed use will not require and will not allow truck pick‑up or delivery traffic before 7:00 a.m. or after 7:00 p.m. All parking and loading areas shall be located on the side or rear of the structure.  All parking and loading areas shall be setback a minimum of 15 feet from any side or rear property line.  Only one driveway shall be permitted per site unless public safety would be better served with a second driveway.

 

(4)  The total gross floor area of any buildings that house the 4.100 use may not exceed 2,000 square feet.  However, cabinet shops may exceed 2,000 square feet.

 

(5)  The maximum square footage of sign surface area advertising the proposed use shall be 16 square feet for a wall mounted sign and ten square feet for a freestanding sign.  Not more than one sign may be erected on the site.  The maximum height for a freestanding sign shall be five feet.

 

(6)  The proposed use will not substantially injure the value of adjoining or neighboring properties, and the burden of proof on this issue lies with the applicant.  However, if the applicant presents a petition, signed by the owners of all properties entitled to receive notice of the hearing on the application pursuant to § 151.551, and stating that the property owners believe their property values will not be adversely affected by the proposed use, this shall be sufficient evidence from which the Board may make the required finding.

 

(7)  All structures shall be constructed in a manner so as to blend in with the character of the area taking into consideration height, size, exterior materials, windows, doors and other related exterior features.  All applications must be accompanied by building elevations of proposed structures and a lighting plan.

 

(8)  No retail sales of products shall be permitted.

 

(9)  Structures shall be setback a minimum of 75 feet from any street right‑of‑way and 25 feet from all other property lines.

 

    (10)  All refuse containers shall be located at the rear of the structure.


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    (11)  In no case shall any use listed in the table set forth in § 151.334, as permissible only within the I‑2 zoning district, be permissible within any R‑1, R‑2, R‑3 or GUD zoning district.

 

(G) (1)  Utility buildings or buildings used to house equipment or facilities owned by a public utility, as defined in G.S.§ 62‑3(23), are permissible in the R‑1, R‑2, R‑3 and GUD district with a conditional use permit or special use permit according to the table of § 151.334.  Storage of vehicles or equipment outside the storage building shall be permitted only within the area that is screened as provided in division (G)(2) below.

 

(2)  Except as provided in division (G)(3) below, the utility building authorized by this section shall be fully screened on all sides by opaque fencing from the ground to a height of at least eight feet. The opaque screening may consist of a wall, fence, retained vegetation or planted vegetation.  If planted vegetation is used, it must satisfy the standard set forth herein within three years after planting. Continued maintenance of the screening (including replanting, if necessary) shall be a continuing condition of the permit.

 

(3)  The screening specified in division (G)(2) above shall not be required if there is no outside storage of vehicles or equipment and if the building is designed and constructed (including types of exterior materials) so that it is compatible with other residences in the subdivision is not intended to limit the authority of the Board of Adjustment to consider and apply the general standards set forth herein.

 

(4)  Four feet by four feet by four feet or smaller utility buildings will be allowed to setback five feet from all side and rear property lines.  All utility buildings 100 square feet or less may be located ten feet from all side and rear property lines.  All others will comply with the setbacks as contained within this chapter.

 

(H) (1)  The building that houses the dwelling unit may not be expanded by more than 10% of its original floor area, nor may rooms for rent be added onto or created within accessory buildings.

 

(2)  Not more than one sign advertising the existence of a bed and breakfast operation may be erected on the lot where the use is located.  No side of this sign may exceed six square feet in surface area nor be located within a street right‑of‑way.  The sign may not be internally illuminated.

 

(3)  The building was designed and used as a single‑family detached dwelling prior to the effective date of this chapter.

 

(I)   (1)  In deciding whether a permit for a special event should be denied for any reason specified herein or in deciding what additional conditions to impose under §§ 151.495 through 151.518, the Board of Commissioners shall ensure that:

 

(a)  The hours of operation allowed shall be compatible with the uses adjacent to the activity;

 

(b)  The amount of noise generated shall not disrupt the activities of adjacent land uses;

 

 

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222                                        Camden County - Land Usage

 

 

(c)  The applicants shall guarantee that all litter generated by the special event be removed at no expense to the county; and

 

(d)  The Board of Commissioners shall not grant the permit unless it finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners to the beneficial use and enjoyment of their property.

 

(2)  In cases where it is deemed necessary, the Board may require the applicant to post a bond to ensure compliance with the conditions of the special use permit.

 

(3)  If the permit applicant requests the county to provide extraordinary services or equipment or if the county otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the county a fee sufficient to reimburse the county for the costs of these services.  This requirement shall not apply if the event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.

 

(J)   Class B manufactured homes may be placed temporarily on a lot upon which a permanent single‑family dwelling is to be built in the R‑1 district.  No manufactured home shall remain on the lot for more than five years with an allowance of 2 one‑year extensions upon annual approval by the Board of Adjustments.  All property owners within 500 feet of the lot, as shown on the county tax records, must give approval of the initial temporary use request.

 

(K)  In the event that a Building Inspector has found a site built home as being unfit for human habitation, the dwelling unit may be replaced with a Class B mobile home subject to the following:

 

(1)  A special use permit must be obtained from the Board of Commissioners.  If granted, the special use permit shall be in the applicant’s name and shall not run with the land.  The right to maintain a Class B mobile home under these provisions shall not be transferred to another owner or occupant.

 

(2)  The special use permit shall be valid for one year and may be renewed annually by the Administrator provided the replacement home has not been completed.  The Administrator may renew the permit up to a maximum of two times after which the mobile home must be removed from the property.

 

 

 

 

 

 

 

 

 

 

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                                                    Unified Development                                               223

 

 

 

 

 

 

 


224                                        Camden County - Land Usage

 

 

(3)  The Class B mobile home shall be removed within 30 days after the replacement home is occupied.

 

(4)  The Class B mobile home shall meet the following appearance criteria.

 

(a)  The roofing material must be compatible with residential construction within the area in which it is to be located.

 

(b)  The exterior materials shall be of a color, material and scale comparable with those existing in residential construction and in no case shall the degree of reflection of exterior finishes exceed that of gloss white paint.  Siding, trim and features should be compatible with residential construction.

 

(c)  The wheels shall not be removed.

 

(d)  Transportation lights shall be removed.

 

(e)  The mobile home shall be underpinned with removable materials to allow easy removal of the mobile home from the lot.

 

(L)  Agribusiness uses are permissible within the GUD district pursuant to a special use permit, if not otherwise permitted by a zoning permit, only if the proposed use satisfies the following requirements:

 

(1)  No building or structure that houses any part of the agribusiness use may be located within 500 feet of any pre‑existing residence (other than a residence owned by the applicant) that is occupied, held ready for occupancy or under construction on the date the permit is issued.

 

(2)  The proposed use will not substantially injure the value of adjoining or neighboring properties, and the burden of proof on this issue lies with the applicant.  However, if the applicant presents a petition, signed by the owners of all properties entitled to receive notice of the hearing on the application pursuant hereto, and stating that the property owners believe their property values will not be adversely affected by the proposed use, this shall be sufficient evidence from which the Board may make the required finding.

 

(3)  The maximum square footage of sign surface area advertising the proposed use shall be 32 square feet, and not more than one freestanding sign may be erected.

 

(M)The Board of Commissioners may issue a special use permit to allow the adaptive reuse of historic property whenever it concludes that:

 

(1)  The tract for which the special use permit is sought contains property that is listed on the National Register of Historic Places;

 

 

 

 

 

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                                                    Unified Development                                               225

 

 

(2)  Any property proposed to be covered in the special use permit that is not part of the tract listed on the Register is integrally related to the property such that its coverage under the special use permit is warranted for aesthetic and planning, or economic reasons;

 

(3)  Uses otherwise permissible in the district where the property is located do not seem to provide a practical opportunity or offer sufficient incentive to renovate and reuse the historic property; and

 

(4)  The property can be developed for the use proposed without creating any substantially adverse impact on surrounding properties, or any adverse impact is outweighed by the benefits of preserving the historic character of the property.

 

(N) The table of § 151.334 indicates that some 3.100 classification uses are permissible within the R‑1, R‑2, R‑3 and GUD districts with a special use permit issued by the Board of Adjustment.  However, the Board of Adjustment may authorize the uses in these districts only when, in addition to other findings required by this chapter, the applicant demonstrates that:

 

(1)  The proposed use fronts on a paved public street; or

 

(2)  The size, scale, and nature of the proposed use do not make it incompatible with surrounding residential uses.  In making this determination, it shall be recognized that the primary intent of this section is to allow the kinds of small scale, professional offices that have traditionally been permitted in residential districts along major thoroughfares in the county, such as the individual offices  of doctors, attorneys, and real estate brokers.  This section is not intended to authorize in residential districts general office buildings rented to multiple tenants.

 

(O) (1)  Junkyards shall be allowed in heavy industrial districts only with a special use permit.  A junkyard is not permitted in any other zoning district.

 

(2)  A junkyard may not be placed within 1,000 feet of a primary highway right‑of‑way.

 

(3)  Junkyards shall be screened so as not to be visible from:

 

(a)  Any state-maintained road using a minimum six-foot privacy fence; or

 

(b)  Screening from adjacent residential or non‑residential properties is also required.

 

(4)  Specific conditions:

 

(a)  Burning of non‑vegetative matter shall not be permitted.

 

(b)  Disposal of garbage unrelated to motor vehicles shall be in an approved container and regularly maintained.  Open dumping of garbage shall be prohibited.

 

 

 

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(c)  Disposal of toxic/hazardous matter is prohibited anywhere in the county without a state permit and a special use permit from the county, in an approved site.

 

(d)  Stock piling of tires and batteries is prohibited.

 

(e)  Drainage of junkyards shall be adequate to assure that no standing water shall exist.

 

(f)   Weeds and vegetation shall be kept at a height not to exceed 12 inches.

 

(g)  Storage of vehicles shall be so arranged as to permit easy access to all junk for fire‑fighting purposes.

 

(h)  A soil erosion and sedimentation control plan shall be submitted according to the State Erosion and Sedimentation Control Act and a copy must be kept on file in the Administrator's office.

 

(P)  (1)  Off-street parking shall be provided with a minimum of three spaces per stand or rented space.

 

(2)  Sanitary facilities shall be provided with facilities for both the male and female gender.

 

(3)  There shall be provisions for garbage or trash removal for each day the flea market is open to the public.

 

(4)  Hours of operation shall be determined by the Board of Adjustment.

 

(5)  All rental spaces and buildings shall maintain a 50-foot setback from all residentially used property lines and meet the setbacks for principle uses along all other property lines.

 

(Q) Land application of commercial sludge and commercial septage is permitted only with a  special use permit in GUD districts provided the following conditions are met.

 

(1)  A permit must be obtained by the applicant from the appropriate county or state agency which has authority to issue required permits prior to land application of sludge or septage.

 

(2)  All conditions stated in the appropriate county or state permit shall be strictly adhered to.

 

(3)  The special use permit may or may not be issued by the Board of Adjustment after conducting an advertised public hearing to hear all matters regarding this application.

 

(4)  This special use permit requirement shall be limited to commercial operations of land application of sludge and septage.

 

 

 

 

 

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(5)  The site shall be inspected by the local Health Department every two months.  Further, septage operations shall have soil tested annually.  Soil shall be tested semi‑annually if lime is used for stabilization.

 

(6)  “No Trespassing” signs shall be posted at access roads or paths crossing or leading to the disposal area and a legible sign of at least two feet by two feet stating, “Septage” or “Sludge Disposal Area” shall be posted at the entrance to the disposal area.

 

(7)  Land application of sludge shall occur only during daylight hours.  Septage shall be applied so as to have no standing surface collection of liquid within 24 hours after application.

 

(8)  Upon issuance of the special use permit, the property owner shall record the special use permit in the County Registry and have it indexed under the record owner's name as grantor.

 

(9)  The applicant must notify the local Health Department at least ten days prior to beginning land application of sludge and at least ten days prior to beginning further sludge operations if operations are conducted on an intermittent basis and have ceased for more than 30 days.

 

    (10)  The applicant shall submit to the local Health Department copies of all reports submitted to the appropriate state permitting agency concerning land application operations.

 

    (11)  The special use permit will be non‑transferable.

 

    (12)  Failure to properly abide by the aforementioned conditions will result in the immediate revocation of the special use permit.

 

    (13)  In addition to the setbacks required by the appropriate state agency, the following setbacks and other standards are required:

 

(a)  For commercial sludge:

 

1.   Within 1,000 feet to 1,500 feet of an existing residential or commercial structure: 1,000 feet setback with appropriate vegetated/woodland buffer as deemed suitable by the Board of Adjustments.

 

2.   Within 1,500 feet to 2,000 feet of an existing residential or commercial structure: vegetated/woodland buffer may be required by the Board of Adjustments.

 

3.   Greater than 2,000 feet to an existing residential or commercial structure:  no buffer required.

 

 

 

 

 

 

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4.   From a private or public water well:  1,000 feet.

 

5.   From any property line:  100 feet.

 

(b)  For commercial septage:

 

1.   Five hundred feet from an existing residential or commercial structure; however, if excessive complaints from neighbors, then setback of 1,000 feet or lime stabilization may be required;

 

2.   One hundred feet from any property line under separate ownership or control and any public right‑of‑way;

 

3.   Five hundred feet from potable water (well or spring); wells other than monitoring:  200 feet; abandoned wells:  50 feet;

 

4.   Setbacks from surface waters shall be in accordance with 15A NCAC 13B.0815 through 13B.0827, Septage Management Rules of the state;

 

5.   Ground water lowering ditches and devices:  100 feet;

 

6.   Septage disposal sites shall not be located on a slope greater than 12%;

 

7.   Soil texture, soil wetness and depth to rock standards shall be in accordance with 15A NCAC 13B.08105 through 13B.0827, Septage Management Rules of the state;

 

8.   No hazardous wastes shall be disposed of on‑site; industrial or solid wastes shall not be disposed of on‑site without prior approval by the state; and

 

9.   Soil pH shall be maintained at 6.5 or greater at all times.  Soil erosion and runoff for the site shall be in accordance with 15A NCAC 13B.0815 through 13B.0827, Septage Management Rules of the state.

 

(R)  (1)  The purposes of these regulations is to encourage the effective and timely development of land for shopping centers; to assure suitable design in order to protect public and private investment; to ensure compatibility with neighboring uses; and to minimize traffic congestion.

 

(2)  The permitted uses are all uses as found in the HC and MC zoning districts.

 

(3)  Development standards:

 

(a)  Minimum tract size:  four acres.

 

(b)  Maximum lot coverage:  30% of the tract inclusive of any lot located within the development.

 

 

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(c)  Setback lines:

 

1.   Street setback for building:  in accordance with the provisions of § 151.063;

 

2.   Street setback for vehicular accommodation area:  in accordance with the provisions of § 151.063; and

 

3.   Side and rear lot boundary setback for buildings and all other uses of property (such as parking, storage, mechanical equipment and the like:  20 feet, except where provisions of this code require greater setbacks.  Setbacks do not apply to side and rear lot lines located within the interior of the tract provided all fire codes are met and all lots are provided with adequate utility easements.

 

(d)  The tract shall be separated from adjoining streets by a curb.

 

(e)  One driveway per street front having less than 600 feet of street frontage; two driveways per street front for tracts having between 600 feet of street frontage and 800 feet of street frontage; and three driveways per street for tracts having more than 800 feet of street frontage provided the original tract is not a corner lot.  These provisions apply to the boundaries of the original tract and are inclusive of any out-parcels created.  Further, depending upon the traffic impact analysis, deceleration lanes may be required.  All accesses shall be located in a way as to prevent traffic hazards, congestion or other negative impacts.

 

(f)   Driveways:  36 feet maximum width; setback from street intersections a minimum of 150 feet; located a minimum of 50 feet from any exterior property line of the tract; and minimum 400 feet between driveways providing access to the tract.  This distance may be reduced when aligning driveways with streets or driveways on the opposite side of the road to promote safety.  However, in no case may the separation between driveways be less than 150 feet.

 

(g)  All parking areas and access ways shall be floodlighted at night during business hours. All outside lighting shall be arranged and shielded to prevent glare or reflection, nuisance, inconvenience or hazardous interference of any kind on adjoining streets or residential properties.

 

(h)  Along all street rights-of-way and along all exterior property lines that adjoin a non- residential zone and/or a permitted non-residential use:  Type “C” broken screen landscaping; along all exterior property lines that adjoin a residential zone and/or a permitted residential use:  Type “A” opaque screen landscaping; parking lot shading shall be in accordance with the standards established in this chapter.

 

(i)   Except as specifically provided in this section, all other regulations established in this chapter that are applicable to the proposed development shall be met.

 

(4)  A traffic impact analysis shall be submitted containing the following information:

 

(a)  General site and land use description;


230                                        Camden County - Land Usage

 

 

(b)  Trip generation: number of trips to be generated; the volume of existing/background traffic on roads adjacent to and within ½ mile of the tract; the heaviest hourly volume of traffic expected to be generated by the site; and the volume ratio of inbound and outbound trips to the site;

 

(c)  Directional distribution of the vehicle trips;

 

(d)  Assignment of vehicle trip volumes to the roadway network; and

 

(e)  Capacity analysis to include among other things a discussion on traffic volumes, driveway locations, spacing between intersection signals, thoroughfare plans, internal traffic flow and parking layout, pedestrian access, steps taken to alleviate traffic circulation problems and any other information as deemed necessary by the Planning Department.

 

(5)  A market analysis shall be submitted containing the following information:

 

(a)  Trade area of the proposed shopping center;

 

(b)  Population of the trade area, present and projected;

 

(c)  Effective buying power in the trade area;

 

(d)  Net potential customer buying power for stores in the proposed shopping center and on the basis of the buying power, the recommended store types and store floor area; and

 

(e)  Fiscal analysis of projected sales revenue and projected sales tax revenue.

 

(6)  Signs:

 

(a)  Freestanding signs:  one freestanding sign announcing the name of the shopping center and/or tenants per street frontage; 20 feet above road bed maximum height but in no case over 25 total height; 200 square feet maximum area for signs that are setback at least ten feet from any right‑of‑way and 30 feet setback from any adjoining property line; signs 100 square feet in area and under that are no higher than ten feet in total height shall not be required to observe setbacks from street rights-of-way, but shall be subject to a 10-foot by 35-foot sight triangle.

 

(b)  Wall signs:  one and one‑half square feet of sign area per one foot of building width were the use is located provided the sign is placed on a wall that is oriented towards a public street, public vehicular access, public drive aisle leading to public parking or public entrance all uses allowed at least a 50 square foot minimum wall sign; no wall sign may project more than three feet from the structure to which it is attached nor may it extend above the roof line.


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(7)  Information required/submittal requirements:

 

(a)  Applicants shall provide all information listed in § 151.312, in addition to the following:

 

1.   Location and dimensions of pedestrian entrances, exits, walks and walkways;

 

2.   Architectural sketches of the proposed building(s);

 

3.   Location and dimensions of all vehicular entrances, exits and drives opposite of the proposed site;

 

4.   Location, size, height and orientation of all signs other than those located on the facade of the building;

 

5.   The stages, if any, to be followed in the construction of the shopping center; and

 

6.   Natural features existing on the site prior to and after development.

 

(b)  Applicants shall submit, along with all other required information, ten black or blueline copies of the map at a scale of one inch equals 50 feet or larger along with one, 8½‑inch by 11‑inch reduced copy.

 

(c)  All required information shall be submitted to the Planning Department no later than 30 working days prior to the Planning Board meeting date at which it is scheduled to be heard.

 

(S)  The following minimum development standards shall apply to all shooting ranges which utilize firearms:

 

(1)  Use is only permitted with the issuance of a special use permit.

 

(2)  The use is allowed within the HC, GUD, I‑1 and I‑2 districts with the issuance of a special use permit.

 

(3)  The design criteria cited in the Military Handbook ‑ Range Facilities and Miscellaneous Training Facilities Other Than Buildings (MIL‑HDBK‑1027/3B), as amended or superseded or the National Rifle Association Range Manual, as amended or superseded shall be met.

 

(4)  The proposed shooting range shall be reviewed by and comments received from the County Sheriff's Department.

 

(5)  No firing activities shall occur between the hours of 10:00 p.m. to 7:00 a.m. EST daily.

 

 

 

 

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(6)  Alcohol consumption shall be prohibited before and during range operations, but shall be allowed after the range is closed provided proper permits are obtained.

 

(7)  The adjacent areas to the proposed range shall be predominantly undeveloped.

 

(8)  All areas within the proposed range, including, but not limited to firing area(s), backstops, downrange safety zones, parking and accessory areas and the like shall be under uniform control or ownership.  The minimum downrange safety area shall be essentially fan‑shaped, with its vertex being the center of the firing line and extending 1,200 yards in length along the 90-degree arc of a circle, plus 5,500 yards along the direct fire line for high power rifle uses or 800 yards in length along the 90-degree arc of a circle, plus 3,000 yards along the direct fire line for pistol uses and 300 yards in length along the 90-degree arc of a circle, plus 300 yards along the direct fire line for shotgun uses.  The safety area shall not encompass any public right‑of‑way or other property not owned by range operator or owner.

 

(9)  The operators of an outdoor range must provide proof of coverage by adequate accident and liability insurance.  A minimum coverage of $2,000,000 shall be established.

 

    (10)  The site or area used as a shooting range shall be enclosed by a six-foot high fence or otherwise restricted by natural physical features (such as swamps, bodies of water, and the like) so that access to the site is controlled to insure the safety of patrons, spectators and the public at large.  Warning signs shall be posted along the fence every 100 feet.

 

    (11)  All shooting stations and backstops, when utilized, shall be at least 900 feet from any property line regardless of the direction of fire unless the applicant can provide noise or safety test evidence to show that a lesser distance may be acceptable.

 

    (12)  All parking areas, vehicle accommodation areas, driveways and the like shall meet standards for parking as stated in this chapter.

 

    (13)  Weapon types will be restricted to pistol, rifle and shotgun or similar.  No automatic assault type weapon shall be used by the general public, but will be allowed by any law enforcement, military or federal agency group duly authorized to use these style weapons.  Limits on caliber size shall be in accordance with the National Rifle Association Range Manual subject to the physical constraints of the property.

 

    (14)  No concussion type of explosives will be permitted.

 

    (15)  No military, para‑military or militia type activities or maneuvers, including, but not limited to hand‑to‑hand combat training, swamp or guerrilla warfare techniques, no incendiary type firings, infiltration course type training and the like be permitted.

 

    (16)  All actual firing activities will be directed toward either moving or stationary targets only.


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    (17)  Any overnight or temporary storage of weapons and/or ammunition must meet the Department of Defense storage and stand‑off safety standards.

 

    (18)  Any activity not specifically mentioned within the foregoing shall be prohibited.

 

(T)  Home‑based commercial fishing.

(Ord. passed 12-15-97; Am. Ord. passed 3-21-00; Am. Ord. passed 4-2-01; Am. Ord. 2002-08-01, passed 8-5-02; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

 

NONCONFORMING SITUATIONS

 

 

§ 151.360  DEFINITIONS.

 

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

DIMENSIONAL NONCONFORMITY.  A nonconforming situation that occurs when the height, size or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

 

EFFECTIVE DATE OF THIS CHAPTER.  Whenever referred to in this subchapter, the reference shall be deemed to include the effective date of any amendments to this chapter if the amendment, rather than this chapter, as originally adopted, creates a nonconforming situation.

 

EXPENDITURE.  A sum of money paid out in return for some benefit or to fulfill some obligation.  The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.

 

NONCONFORMING LOT.  A lot existing at the effective date of this chapter and not created for the purposes of evading the restrictions of this chapter that does not meet the minimum area requirement of the district in which the lot is located, except that a lot created pursuant to a provision of this chapter or any prior ordinance allowing the creation of lots smaller than normal minimums shall not constitute a NONCONFORMING LOT.

 

NONCONFORMING PROJECT.  Any structure, development or undertaking that is incomplete on the effective date of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.

 

NONCONFORMING SIGN.  A sign that on the effective date of this chapter does not conform to one or more of the regulations set forth in this chapter.

 

 

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NONCONFORMING SITUATION.  A situation that occurs when, on the effective date of this chapter, an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located.  Among other possibilities, a NONCONFORMING SITUATION may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land, in such matters as density and setback requirements, is not in conformity with this chapter, because signs do not meet the requirements of §§ 151.415 through 151.418, or because land or buildings are used for purposes made unlawful by this chapter.

 

NONCONFORMING STRUCTURE.  Any structure which does not conform to the regulation of structures for this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments which may be incorporated into this chapter, but was either conforming or not subject to regulation previously.

 

NONCONFORMING USE.  A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located.  For example, a commercial office building in a residential district may be a nonconforming use.  The term also refers to the activity that constitutes the use made of the property.  For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use.

(Ord. passed 12-15-97)

 

 

§ 151.361  CONTINUATION OF NONCONFORMING SITUATIONS AND COMPLETION OF NONCONFORMING PROJECTS.

 

(A) Unless otherwise specifically provided in these regulations and subject to the restrictions and set forth in this subchapter, nonconforming situations that were otherwise lawful on the effective date of this chapter may be continued.

 

(B)  Nonconforming projects may be completed only in accordance with the provisions of this subchapter.

(Ord. passed 12-15-97)

 

 

§ 151.362  NONCONFORMING LOTS.

 

(A) This section applies only to undeveloped nonconforming lots.  A lot is undeveloped if it has no substantial structures upon it.  A change in use of a developed nonconforming lot may be accomplished in accordance with § 151.365.


                                                    Unified Development                                               235

 

 

(B)  When a nonconforming lot can be used in conformity with all of the regulations (other than the area and width requirements) applicable to the district in which the lot is located, then the lot may be used as proposed just as if it were conforming.  However, no use (such as a two‑family residence) that requires a greater lot size than the established minimum lot size for a particular zone is permissible on a nonconforming lot.

 

(C)  When the use proposed for a nonconforming lot is one that is conforming in all other respects, but the applicable setback requirements cannot reasonably be complied with, then the entity authorized by this chapter to issue a permit for the proposed use (the Administrator, Board of Adjustment or Board of Commissioners) may allow deviations from the applicable setback requirements if it finds that:

 

(1)  The property cannot reasonably be developed for the use proposed without the deviations;

 

(2)  These deviations are necessitated by the size or shape of the nonconforming lot; and

 

(3)  The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.

 

(D) For purposes of division (C) above, compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with the setback requirements.  However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

 

(E)  Any subdivision having been given a minimum of preliminary plat approval from the Planning Board prior to the effective date of this chapter, shall be subject to the subdivision design standards in effect as of January 1, 1998.  This provision shall not apply to sections of those subdivisions reserved as future development sites where no lot lines are shown.  In addition, development of lots within subdivisions subject to January 1, 1998, design standards, shall be in accordance with the provisions of these regulations.  In areas where multifamily housing was designated, but no building layout was shown, the density as indicated on the most recently approved plat shall be allowed provided the developer meets current standards to the greatest extent possible.

(Ord. passed 12-15-97)

 

 

§ 151.363  EXTENSION OR ENLARGEMENT OF NONCONFORMING SITUATIONS.

 

(A) Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation.  In particular, physical alteration of structures or the placement of new structures on open land is unlawful if the activity results in:

 

(1)  An increase in the total amount of space devoted to a nonconforming use; or


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(2)  Greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations or density requirements or other requirements such as parking requirements.

 

(B)  Subject to division (D) below, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate the use.  However, a nonconforming use may not be extended to additional buildings or to land outside the original building.

 

(C)  A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (such as a sand pit) may be extended to the boundaries of the lot where the use was established at the time it became nonconforming if 10% or more of the earth products had already been removed on the effective date of this chapter.

 

(D) The volume, intensity or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other divisions of this section occur.

 

(E)  Notwithstanding division (A) above:

 

(1)  Any structure used for single‑family residential purposes (other than a Class “B” or “C” mobile home) may be enlarged or replaced with a similar structure so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements.

 

(2)  A nonconforming Class “B” or “C” mobile home (located outside a mobile home park) may be replaced with a Class “B” mobile home that was manufactured in the same year or later than the home being replaced and is as large or larger than the home being replaced, so long as:

 

(a)  The replacement mobile home is moved onto the lot within 60 days of removal of the original mobile home;

 

(b)  All necessary permits have been issued by the local Health Department relating to the installation and operation of a satisfactory sewage treatment system; and

 

(c)  Underpinning of all‑weather base material is placed around the mobile home.

 

(F)  Notwithstanding division (A) above, the Administrator may issue a zoning permit authorizing a permanent addition to a nonconforming mobile home if all other requirements of this chapter are met.


                                                    Unified Development                                               237

 

 

(G) (1)  Notwithstanding division (A) above, whenever:

 

(a)  There exists a lot with one or more structures on it;

 

(b)  A change in use that does not involve any enlargement of a structure is proposed for the lot; and

 

(c)  The parking or loading requirements of §§ 151.110 through 151.123 that would be applicable as a result of the proposed change cannot be satisfied on the lot because there is not sufficient area available on the lot that can practicably be used for parking or loading, then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a nonconforming situation.

 

(2)  However, the applicant shall be required to comply with all applicable parking and loading requirements that can be satisfied without acquiring additional land, and shall also be required to obtain satellite parking in accordance with § 151.119 if:

 

(a)  Parking requirements cannot be satisfied on the lot with respect to which the permit is required; and

 

(b)  The satellite parking is reasonably available.

 

(3)  If the satellite parking is not reasonably available at the time the zoning or special use or conditional use permit is granted, then the permit recipient shall be expected to provide satellite parking upon its availability.  This requirement shall be a continuing condition of the permit.

 

(H) Notwithstanding any other provision of this chapter, additional right‑of‑way along an existing street may be condemned, and a property owner may at the request of the county or state, dedicate or convey additional right‑of‑way even if the condemnation, conveyance or dedication results in the creation of a nonconforming situation.

(Ord. passed 12-15-97)

 

 

§ 151.364  REPAIR, MAINTENANCE AND RECONSTRUCTION.

 

(A) With respect to structures located on property where nonconforming situations exists:

 

(1)  Repair and maintenance are encouraged;

 

(2)  Subject to the remaining provisions of this section, renovation, restoration or reconstruction work is permissible so long as the work seeks only to refurbish or replace what previously existed and no violation of this subchapter occurs;  (The fact that renovation, restoration or reconstruction work may require a permit under §§ 151.495 through 151.518 shall not make the work impermissible so long as the work is otherwise consistent with this section.)


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(3)  Renovation, restoration or reconstruction shall be allowed if:

 

(a)  The work is estimated to not cost more than 25% of the appraised value of the structure to be renovated, restored or reconstructed; and

 

(b)  The need for the work is not the result of damage to the structure intentionally caused  by a person with an ownership interest in the structure.

 

(4)  Renovation, restoration or reconstruction work estimated to cost more than 25% of the appraised value of the structure to be renovated, restored or reconstructed shall only be permissible if the permittee or property owner complies to the extent reasonably possible with all provisions of this chapter applicable to the existing use, except that the right to continue a nonconforming use or maintain a nonconforming level of density shall not be lost.

 

(B)  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

APPRAISED VALUATION.  Either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation or the valuation determined by a professionally recognized property appraiser.

 

COST.  The total cost of all intended work and no person may seek to avoid the intent of division (A) above by doing the work incrementally.

 

COST OF RENOVATION, RESTORATION OR RECONSTRUCTION.  The fair market value of the materials and services necessary to accomplish the renovation, restoration or reconstruction.

 

(C)  Compliance with a requirement of this chapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation.  Mere financial hardship caused by the cost of meeting the requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.

 

(D) The limitations of this section shall not apply to structures used for single‑family residential purposes, which structures may be reconstructed, renovated, restored or replaced subject to the provisions of § 151.363(E) and (F).

(Ord. passed 12-15-97)

 


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§ 151.365  CHANGE IN USE OF PROPERTY WHERE A NONCONFORMING SITUATION

EXISTS.

 

(A) A change in use of property, as described in §§ 151.325 through 151.334, where a nonconforming situation exists, that is sufficiently substantial to require a new zoning, special use or conditional use permit in accordance with §§ 151.495 through 151.518 may not be made, except in accordance with divisions (B) through (E) below.  However, this requirement shall not apply if only a sign permit is needed.

 

(B)  If the intended change in use is to a principal use that is permissible in the district where the property is located and all of the other requirements of this chapter applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot.  Once conformity with this chapter is achieved, the property may not revert to its nonconforming status.

 

(C)  If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of this chapter applicable to that use cannot reasonably be complied with, then the change is permissible if the entity authorized by this chapter to issue a permit for that particular use (the Administrator, Board of Adjustment or Board of Commissioners) issues a  permit authorizing the change.  This permit may be issued if the permit issuing authority finds, in addition to any other findings that may be required by this chapter, that:

 

(1)  The intended change will not result in a violation of § 151.361; and

 

(2)  All of the applicable requirements of this chapter that can reasonably be complied with will be complied with.  Compliance with a requirement of this chapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation.  Mere financial hardship caused by the cost of meeting the requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.  And in no case may an applicant be given permission pursuant to this section to construct a building or add to an existing building if additional nonconformities would thereby be created.

 

(D) If the intended change in use is to another principal use that is also nonconforming, then the change is permissible if the entity authorized by this chapter to issue a permit for that particular use (the Administrator, Board of Adjustment or Board of Commissioners) issues a permit authorizing the change. The permit issuing authority may issue the permit if it finds, in addition to other findings that may be  required by this chapter, that:

 

(1)  The use requested is one that is permissible in some zoning district with either a zoning, special use or conditional use permit;

 

(2)  All of the conditions applicable to the permit authorized in division (C) above are satisfied; and


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(3)  The proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for.

 

(E)  If a nonconforming use is changed to any use other than a conforming use without obtaining a permit pursuant to this section, that change shall constitute a discontinuance of the nonconforming use, with consequences as stated in § 151.366.

(Ord. passed 12-15-97)

 

 

§ 151.366  ABANDONMENT AND DISCONTINUANCE OF NONCONFORMING SITUATIONS.

 

(A) When a nonconforming use is discontinued for a consecutive period of 180 days, the property involved may thereafter be used only for conforming purposes.

 

(B)  If the principal activity on property where a nonconforming situation other than a nonconforming use exists is discontinued for a consecutive period of 180 days, then that property may thereafter be used only in conformity with all of the regulations applicable to the pre‑existing use unless the entity with authority to issue a permit for the intended use issues a permit to allow the property to be used for this purpose without correcting the nonconforming situations.  This permit may be issued  if the permit issuing authority finds that eliminating a particular nonconformity is not reasonably possible (such as, cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation).  The permit shall specify which nonconformities need not be corrected.

 

(C)  For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole.  For example, the failure to rent one apartment in a nonconforming apartment building for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained.  But if a  nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

 

(D) When a structure or operation made nonconforming by this chapter is vacant or discontinued on the effective date of this chapter, the 180‑day period for purposes of this section begins to run on the effective date of this chapter.  However, if the situation was nonconforming under the ordinance  previously in effect, then the 180‑day period shall begin to run from the actual date the property became  vacant or the use was discontinued.

 

(E)  (1)  For purposes of this section, the question of the property owner's or other person's intent is irrelevant and discontinuance of the required period shall conclusively be presumed to constitute an abandonment of the right to continue the nonconforming situation.


                                                    Unified Development                                               241

 

 

(2)  However, when a valid building or zoning permit has been issued within the 180‑day period, the use shall not be considered discontinued so long as the permit remains valid even though the particular use may not begin within the 180‑day period.

(Ord. passed 12-15-97)

 

 

§ 151.367  COMPLETION OF NONCONFORMING PROJECTS.

 

(A) When a building permit has been validly issued for construction of a nonconforming project, the project shall be permitted to develop in accordance with the terms of that permit provided the building permit remains unrevoked and unexpired.  Further, when approval is giving to develop a project and more than 5% of the cost of that project is spent on reliance of that approval, the project shall be  permitted to develop in accordance with the terms of that permit.

 

(B)  Nothing in this section shall be deemed to conflict with vested rights provisions as found in §§ 151.495 through 151.518.

(Ord. passed 12-15-97)

 

 

§ 151.368  AMORTIZATION OF NONCONFORMING SITUATIONS.

 

(A) Within one year after the effective date of this chapter, any violation of § 151.328 shall cease and thereafter any situation in violation of that section shall no longer be regarded as a lawful nonconforming situation.

 

(B)  Within six months after the effective date of this chapter, any violation of § 151.328(C)(1) shall cease and thereafter any situation in violation of that section shall no longer be regarded as a lawful nonconforming situation.

(Ord. passed 12-15-97)

 

 

 

FLOODWAYS AND FLOODPLAINS

 

 

§ 151.380  DEFINITIONS.

 

For the purpose of this subchapter and §§ 151.400 through 151.403, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

BASE FLOOD.  The flood having a 1% chance of being equaled or exceeded in any given year.  Also known as the 100‑YEAR FLOOD.


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COASTAL HIGH HAZARD AREA.  The area subject to high velocity waters caused by, but not limited to hurricane wave wash.  The area is designated on a FIRM as Zone VI‑3, VE or V.

 

FEDERAL INSURANCE RATE MAP or FIRM.  An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

 

FLOOD INSURANCE STUDY.  The official report provided by the Federal Emergency Management Agency, containing flood profiles, Flood Boundary Floodway map and the water surface elevation of the base flood.

 

FLOODPLAIN.  Any land area susceptible to being inundated by water from the base flood.  As used in this chapter, the term refers to that area designated as subject to flooding from the base flood on the flood insurance rate map, effective November 1, 1984, as revised, and also November 18, 1991, as revised, a copy of which is on file in the Administrator's office.

 

FLOODWAY.  The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

 

FLOOR.  The top surface of an enclosed area in a building (including basement), such as, top of slab in concrete slab construction or top of wood flooring in frame construction.  The term does not include the floor of a garage used solely for parking vehicles.

 

HIGHEST ADJACENT GRADE.  The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure.

 

LOWEST FLOOR.  The lowest floor of the lowest enclosed area (including basement).  An unfurnished or flood resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor provided that the enclosure is not built so as to render the structure in violation of the applicable non‑elevation design requirements of this chapter.

 

PUBLIC WATER SUPPLY SYSTEM.  Any water supply system furnishing potable water to ten or more dwelling units or businesses or any combination thereof.

(Ord. passed 12-15-97)

 

 

§ 151.381  ARTIFICIAL OBSTRUCTIONS WITHIN FLOODWAYS PROHIBITED.

 

(A) No artificial obstruction may be located within any floodway, except as provided in § 151.382.

 

(B)  For purposes of this section, an artificial obstruction is any obstruction, other than a natural


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obstruction, that is capable of reducing the flood carrying capacity of a stream or may accumulate debris and thereby reduce the flood carrying capacity of a stream.  A natural obstruction includes any rock, tree, gravel or analogous natural matter that is an obstruction and has been located within the floodway by a non‑human cause.

(Ord. passed 12-15-97)

 

 

§ 151.382  PERMISSIBLE USES WITHIN FLOODWAYS.

 

(A) Notwithstanding §§ 151.325 through 151.334, no permit to make use of land within a floodway may be issued unless the proposed use is listed as permissible both in the table of permissible uses and in the following list:

 

(1)  General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm and other similar agricultural, wildlife and related uses;

 

(2)  Ground level streets, roads, loading areas, parking areas, rotary aircraft ports and other similar ground level area uses;

 

(3)  Lawns, gardens, play areas and other similar uses; and

 

(4)  Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space and other similar private and public recreational uses.

 

(B)  The uses listed in division (A) above are permissible only if and to the extent that they do not cause any increase in base flood levels.

(Ord. passed 12-15-97)

 

 

§ 151.383  CONSTRUCTION WITHIN FLOODWAYS AND FLOODPLAINS RESTRICTED.

 

(A) No zoning, special use or conditional use permit may be issued for any development within a floodplain until the permit issuing authority has reviewed the plans for any development to assure that:

 

(1)  The proposed development is consistent with the need to minimize flood damage;

 

(2)  All public utilities and facilities such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;

 

(3)  Adequate drainage is provided to minimize or reduce exposure to flood hazards; and

 

(4)  All necessary permits have been received from those agencies from which approval is required by federal or state law.


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(B)  No building may be constructed and no substantial improvement of an existing building may take place within any floodway.  With respect to mobile home parks that are nonconforming because they are located within a floodway, mobile homes may be relocated in the parks only if they comply with the provisions of division (I) below.

 

(C)  No new residential building may be constructed and no substantial improvement of a residential building may take place within any floodplain unless the lowest floor of the building or improvement is elevated at least 18 inches or above the base flood level.  Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided.

 

(1)  Residential accessory structures shall be allowed within floodplains provided they are firmly anchored to prevent flotation, designed to have low flood potential and placed on the building site so as to offer minimum resistance to the flow of flood waters.

 

(2)  Anchoring of any accessory buildings may be done by bolting the building to a concrete slab or by over the top ties.  When bolting to a concrete slab, ½‑inch bolts six feet on center with a minimum of two per side shall be required.  If over the top ties are used a minimum of two ties with a force adequate to secure the building is required.

 

(3)  Service facilities such as electrical and heating equipment shall be elevated or flood-proofed.

 

(D) No new non-residential building may be constructed and no substantial improvements of a non-residential building may take place within any floodplain unless the lowest floor of the building or improvement is elevated at least 18 inches or above the base flood level.  Commercial structures located in A‑zones may be flood-proofed in lieu of elevation provided that all areas of the structure below the required elevation are water tight with walls substantially impermeable to the passage of water, using structural components having the capacity of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.  A registered professional engineer or architect shall certify that standards of this section are satisfied.

 

(E)  When base flood elevation data is not available from federal, state or other source, the lowest floor including basement, in divisions (C) and (D) above, shall be elevated at least two feet above the highest adjacent grade.  Further, areas where floodway boundaries have not been established shall be subject to the provisions of § 151.400.

 

(F)  No new construction and no substantial improvements of a structure may take place within any floodplain unless fully enclosed areas below the lowest floor that are subject to flooding are designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters.  Designs for meeting this requirement must either be certified by a registered professional  engineer or architect or meet or exceed the following minimum requirements.

 

 

 

 

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(1)  A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

 

(2)  The bottom of all openings shall be no higher than one foot above grade.

 

(3)  Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

 

(4)  Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).  The interior portion of the enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas.

 

(G) For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

SUBSTANTIAL IMPROVEMENT.

 

(a)  Any repair, reconstruction or improvement of a building the cost of which equals or exceeds 50% of the market value of the structure either:

 

1.   Before the improvement or repair is started; or

 

2.   If the structure has been damaged and is being restored, before the damage occurred.

 

(b)  SUBSTANTIAL IMPROVEMENT occurs when the first alteration on any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building.

 

(c)  The term does not, however, include either:

 

1.   Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications that are solely necessary to insure safe living conditions; or

 

2.   Any alteration of a building listed on the National Register of Historic Places or a State Inventory of Historic Places.

 

(H) No zoning, special use or conditional use permit may be issued for any development within a floodplain until the permit issuing authority has reviewed the plans to assure that any new construction or substantial improvements shall be:


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(1)  Designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure, resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy;

 

(2)  Constructed with materials and utility equipment resistant to flood damage;

 

(3)  Constructed by methods and practices that minimize flood damage; and

 

(4)  Constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

 

(I)   Notwithstanding any other provision of this chapter, no mobile home may be located or relocated within that portion of the floodplain outside of the floodway unless the following criteria are met.

 

(1)  Mobile homes are anchored to prevent flotation, collapse or lateral movement.  Methods of anchoring may include, but are not limited to use of over‑the‑top or frame ties to ground anchors.  This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

 

(2)  Lots or pads are elevated on compacted fill or by any other method approved by the Administrator so that the lowest floor of the mobile home is at or above the base flood level.

 

(3)  Adequate surface drainage and easy access for mobile home haulers is provided.

 

(4)  Load‑bearing foundation supports such as piers or pilings must be placed on stable soil or concrete footings no more than ten feet apart, and if the support height is greater than 72 inches, the support must contain steel reinforcement.

 

(J)   Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be adequately stabilized to withstand the erosive force of the base flood.

(Ord. passed 12-15-97; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.384  SPECIAL PROVISIONS FOR SUBDIVISIONS.

 

(A) An applicant for a special use permit authorizing a major subdivision and an applicant for minor subdivision final plat approval shall be informed by the Administrator of the use and construction restrictions contained in §§ 151.381 through 151.383 if any portion of the land to be subdivided lies within a floodplain.

 

 

 

 

 

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(B)  Subject to the following sentence, a major development permit for a major subdivision and final plat approval for any subdivision may not be given if:

 

(1)  The land to be subdivided lies within a zone where residential uses are not permissible and it reasonably appears that the subdivision is designed to create residential building lots;

 

(2)  Any portion of one or more of the proposed lots lies within a floodway or floodplain; and

 

(3)  It reasonably appears that one or more lots described in divisions (B)(1) and (2) above could not practicably be used as a residential building site because of the restrictions set forth in §§ 151.381 through 151.383.  The foregoing provision shall not apply if a notice that the proposed lots are not intended for sale as residential building lots is recorded on the final plat, or if the developer otherwise demonstrates to the satisfaction of the authority issuing the permit or approving the final plat that the proposed lots are not intended for sale as residential building lots.

(Ord. passed 12-15-97; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.385  WATER SUPPLY AND SANITARY SEWER SYSTEMS IN FLOODWAYS AND

FLOODPLAINS.

 

(A) Whenever any portion of a proposed development is located within a floodway or floodplain, the agency or agencies responsible for certifying to the county the adequacy of the water supply and sewage disposal systems for the development shall be informed by the developer that a specified area within the development lies within a floodplain.

 

(B)  Thereafter, approval of the proposed system by that agency shall constitute a certification that:

 

(1)  The water supply system is designed to minimize or eliminate infiltration of flood waters into it;

 

(2)  The sanitary sewer system is designed to eliminate infiltration of flood waters into it and discharges from it into flood waters; and

 

(3)  Any on‑site sewage disposal system is located to avoid impairment to it or contamination from it during flooding.

(Ord. passed 12-15-97)

 

 

 

 

 

 

 

 

 

 

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§ 151.386  ADDITIONAL DUTIES OF ADMINISTRATOR RELATED TO FLOOD INSURANCE AND FLOOD CONTROL.

 

The Administrator shall:

 

(A) Where base flood elevation data is available:

 

(1)  Verify the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;

 

(2)  Verify for all structures that have been flood-proofed (whether or not the structures contain a basement), the actual elevation (in relation to mean sea level) to which the structure was flood-proofed; and

 

(3)  Maintain a record of all information.

 

(B)  Where base flood elevation data has not been provided:

 

(1)  Obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source for enforcing the requirements set forth herein; and

 

(2)  Verify and record the actual elevation constituting the highest adjacent grade, to which all new or substantially improved structures are elevated or flood-proofed.

 

(C)  Notify, in riverine situations, adjacent communities and the State Department of Crime Control and Public Safety prior to any alteration or relocation of a watercourse, and submit copies of the notification to the Federal Insurance Administrator; and

 

(D) Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

(Ord. passed 12-15-97)

 

 

§ 151.387  FLOOR ELEVATION OR FLOOD‑PROOFING CERTIFICATION REQUIRED.

 

(A) A floor elevation certificate signed and sealed by a registered North Carolina land surveyor or a licensed North Carolina engineer is required after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor.  This certificate must be provided to the building inspector at or before the floor inspection is approved.

 

 

 

 

 

 

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(B)  (1)  When flood‑proofing is utilized for a particular building, the certification shall be prepared by a professional engineer or architect and certified by same. 

 

(2)  The building inspector shall review the floor elevation survey data submitted.  Deficiencies by the review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed.

 

(3)  Failure to submit the survey or failure to make the corrections required hereby shall be cause to issue a liable stop work order for the project.

(Ord. passed 12-15-97; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.388  LOCATION OF BOUNDARIES OF FLOODPLAIN AND FLOODWAY DISTRICTS.

 

(A) For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

FLOODPLAIN and FLOODWAY.  Certain areas whose boundaries are determined and can be located on the ground by reference to the specific fluvial characteristics set forth in the definitions of these terms.  These terms also refer to overlay zoning districts whose boundaries are the boundaries of the floodways and floodplains shown on the map referenced in § 151.380 or which have been established in accordance with § 151.400, which boundaries are intended to correspond to the actual, physical location of floodways and floodplains.  These overlay districts thus differ from other zoning districts whose boundaries are established solely according to planning or policy, rather than physical criteria.

 

(B)  Therefore, the Administrator is authorized to make necessary interpretations as to the exact location of the boundaries of floodways or floodplains if there appears to be a conflict between a mapped boundary and actual field conditions.  The interpretations, like other decisions of the Administrator, may be appealed to the Board of Adjustment in accordance with the applicable provisions of this chapter.

(Ord. passed 12-15-97)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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§ 151.389  REGULATIONS DO NOT GUARANTEE FLOOD PROTECTION.

 

The degree of flood protection required by this chapter is considered reasonable for regulating purposes and is based on scientific and engineering considerations.  Larger floods can and will occur on rare occasions.  Flood heights may be increased by man‑made or natural causes.

(Ord. passed 12-15-97)

 

 

§ 151.390  STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAYS.

 

Located within the area of special flood hazard established in this subchapter where small streams exist, but where no base flood data has been provided or where no floodways have been provided, the following provisions apply.

 

(A) No encroachments, including fill material or structures shall be located within a distance of the stream bank equal to five times the width of the stream at the top of bank or 20 feet on each side from the top of bank, whichever is greater, unless certification by a registered professional engineer is  provided demonstrating that the encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

 

(B)  New construction or substantial improvements of structures shall be elevated or flood‑proofed in accordance with elevations established in this subchapter.

(Ord. passed 12-15-97)

 

 

 

 

DRAINAGE, EROSION CONTROL AND STORMWATER MANAGEMENT

 

 

§ 151.400  NATURAL DRAINAGE SYSTEM UTILIZED TO EXTENT FEASIBLE.

 

(A) To the extent practicable, all development shall conform to the natural contours of the land and natural and pre‑existing man‑made drainage ways shall remain undisturbed.

 

(B)  To the extent practicable, lot boundaries shall be made to coincide with natural and pre‑existing man‑made drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering the drainage ways.

(Ord. passed 12-15-97)


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§ 151.401  DEVELOPMENTS MUST DRAIN PROPERLY.

 

(A) All developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site.  Surface water shall not be regarded as unduly retained if:

 

(1)  The retention results from a technique, practice or device deliberately installed as part of an approved sedimentation or storm water runoff control plan; or

 

(2)  The retention is not substantially different in location or degree than that experienced by the development site in its pre‑development stage unless the retention presents a danger to health or safety.

 

(B)  No surface water may be channeled or directed into a sanitary sewer.

 

(C)  Whenever practicable, the drainage system of a development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets.

 

(D) Use of drainage swales rather than curb and gutter and storm sewers in subdivisions is provided for in §§ 151.170 through 151.184.  Private roads and access ways within unsubdivided developments shall utilize curb and gutter and storm drains to provide adequate drainage if the grade of the roads or access ways is too steep to provide drainage in another manner or if other sufficient reasons exist to require the construction.

 

(E)  Construction specifications for drainage swales, curbs and gutters and storm drains are contained in Appendix C to this chapter.

(Ord. passed 12-15-97)

 

 

§ 151.402  STORMWATER MANAGEMENT.

 

(A) All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of the developments.  More specifically:

 

(1)  No development may be constructed or maintained so that the development unreasonably impedes the natural flow of water from higher adjacent properties across the development, thereby unreasonably causing substantial damage to the higher adjacent properties; and

 

(2)  No development may be constructed or maintained so that surface waters from the development are unreasonably collected and channeled onto lower adjacent properties at the locations or at the volumes as to cause substantial damage to the lower adjacent properties.


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(B)  Any development that requires a CAMA major development permit or a sedimentation and erosion control plan shall be subject to the state stormwater runoff policies promulgated in 15A NCAC 02H.0101 et seq., unless exempted by those regulations.

(Ord. passed 12-15-97)

 

 

§ 151.403  SEDIMENTATION AND EROSION CONTROL.

 

(A) No zoning, special use or conditional use permit may be issued and final plat approval for subdivisions may not be given with respect to any development that would cause land disturbing activity requiring prior approval of an erosion and sedimentation control plan by the State Sedimentation Control Commission under G.S. § 113A‑57(4) unless the Commission has certified to the county, either that:

 

(1)  An erosion and sedimentation control plan has been submitted to and approved by the Commission; or

 

(2)  The Commission has examined the preliminary plans for the development and it reasonably appears that an erosion and sedimentation control plan can be approved upon submission by the developer of more detailed construction or design drawings.  However, in this case, construction of the development may not begin (and no building permits may be issued) until the Commission approves the erosion and sedimentation control plan.

 

(B)  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

LAND DISTURBING ACTIVITY.  Any use of the land by any person in residential, industrial, educational, institutional or commercial development, highway and road construction and maintenance that results in a change in the natural grade and may cause or contribute to sedimentation, except  activities that are exempt under G.S. § 113A‑52(6).  Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity or ice from the site of its origin.

(Ord. passed 12-15-97)

Statutory reference:

Mandatory standards for land disturbing activity, see G.S. § 113A-57(4)

 

 

 

SIGN REGULATIONS

 

 

§ 151.415  DEFINITIONS.

 

All definitions should be taken from the most current State DOT Outdoor Advertising Manual.

(Ord. passed 12-15-97)


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§ 151.416  GENERAL PROVISIONS.

 

(A) No permanent sign larger than 16 square feet shall be erected or attached to or supported on a building or structure until a building permit is issued by the County Building Inspector.

 

(B)  No sign may be located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter into or exit from public or private roads.

 

(C)  No sign may obstruct ingress or egress to any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress from any room or building, as required by law.

 

(D) No sign may be erected so that by its location, color, size, shape, illumination, nature or message would be confused with official traffic signs or signals or other signs erected by governmental agencies, or would tend to be confused with a flashing light of an emergency vehicle.

 

(E)  No new structure shall be constructed within 7½ feet horizontal, 8 feet vertical of any existing power line.

 

(F)  All signs shall be constructed and designed according to generally accepted engineering practices to withstand wind pressures and load distribution as specified in the State Building Code.

 

(G) Signs advertising activities that are illegal under federal or state law or the location of those activities are prohibited.

 

(H) (1)  All signs in which electrical wiring and connections are to be used shall require a permit and shall comply with the State Electrical Code and be approved by the County Building Inspector.

 

(2)  Sign illumination of an intensity and brilliance as to cause glare and to impair the vision of the driver of any motor vehicle or which otherwise interferes with any driver's operation of a motor vehicle shall be shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of public roads or public right-of-way.

 

(I)   (1)  If the property line of a parcel where an on-premise sign is proposed to be erected is located within 200 feet of an existing off-premise sign, then an applicant for an on-premise sign on such property must not place the on-premise sign on the same half of the property closest to the existing off‑premise sign.  If an existing off-premise sign is located within 200 feet of both sides of the property, then the proposed on-premise sign shall be located as near the middle of the property as practicable. 

 

(2)  This division shall not apply to any on-premise sign having a height less than or equal to 25% of the height of the nearby off-premise sign.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)  Penalty, see § 10.99

 

 

 

 

 

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§ 151.417  SIGNS PERMITTED IN THE R‑1, R‑2 AND R‑3 RESIDENTIAL DISTRICTS.

 

(A) No off‑premise sign is allowed in R‑1, R‑2, or R-3 districts unless specifically allowed below.

 

(B)  An indirectly lighted name plate or professional sign not over 16 square feet in area may be permitted with an approved home occupation.

 

(C)  Temporary real estate signs, not exceeding two square feet in area, directing the way to premises which are for sale, rent or lease; provided the signs shall be neatly painted or printed and shall be removed promptly when the property has been sold, rented or leased.

 

(D) Directional signs not over four square feet in area indicating the location of churches, schools, hospitals, parks, scenic or historic places.

 

(E)  One name sign or bulletin board not exceeding 12 square feet for any permitted church, school or other non‑commercial institution.

 

(F)  Temporary real estate signs, not exceeding 16 square feet in area, advertising the sale, rent or lease of the premises on which located.  However, these signs shall not be less than 15 feet from any side lot line or state right-of-way, shall not be illuminated, shall be neatly painted and maintained and shall be removed promptly when the property has been sold, leased or rented.

 

(G) Temporary non‑illuminated signs advertising the contractor, architect or other professional persons or organizations engaged in or associated with the lawful construction, alteration, remodeling or demolition of any building or use.  However, these signs shall be limited to one for each organization involved and shall be set back from the side property line at least 15 feet, shall not be located on state right-of-way, and shall be removed within 30 days after the completion of the general contract.  The total area of all signs on one site shall not exceed 16 square feet.  An individual sign shall not exceed 16 square feet in area unless that sign is a composite of advertising for three or more entities’ participation in the project.

 

(H) Non‑illuminated signs not over 12 square feet in area announcing the name of a subdivision or group housing project located on the premises at major entrances.  However, these signs must be neatly constructed and maintained, limited to announcing only the name of the subdivision or group housing project and must not obstruct corner visibility.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

§ 151.418  OFF‑PREMISE SIGNS.

 

(A) Off‑premise signs are allowed in accordance with the table of § 151.334.  These districts shall be considered commercial and/or industrial districts for purposes of enforcement by the State Department of Transportation of its outdoor advertising regulations.

 

 

 

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(B)  (1)  The regulations of the current State DOT Outdoor Advertising Manual, being 19A NCAC 2E.0202 and 2E.0203 regarding the size, lighting, and other matters not in conflict with this chapter of off‑premise signs on federal aid highways shall apply to all off-premises signs in the county.

 

(2)  All off-premise signs shall meet the requirements of the State Building Code.

 

(3)  No off-premise sign may be located within 500 feet of any other off‑premise  or on-premise sign.

 

(4)  Signs and sign locations becoming non‑conforming at the time of adoption of this chapter shall be allowed to continue to exist.

 

(5)  A nonconforming sign may be replaced on the same location so long as application for a permit to erect a new sign is made within 180 days after the existing nonconforming sign is destroyed or removed.

 

(6)  Off-site advertising shall be erected so that all parts of the structure shall be not less than 15 feet from the edge of the nearest public street or right-of-way.

 

(7)  To provide for a consistent and aesthetically pleasing appearance, all off-premise signs shall be of a monopole style or three steel poles.  The bottom of the sign area may not be less than 12 feet above grade and the height of the structure may not exceed 35 feet, except that a sign may extend above the billboard structure for a temporary advertising display, for six months or less, up to a height of 50 feet.

 

(8)  To provide for a consistent and aesthetically pleasing appearance, all off-premise signs shall have framing using pressure-treated wood and MDO plywood panels, or similar-looking materials.

 

(9)  No off-premise sign may have a sign size greater than 800 square feet.

 

(C)  (1)  Sign location must be within the territorial or zoning jurisdiction of the public officials or public agencies.

 

(2)  Sign locations must be off highway right-of-way.

 

(3)  Sign structure must be adopted by the public officials or public agencies as an official sign.  Documentation must include the location of the structure and a copy of the documentation provided to the District Engineer of the Department of Transportation.

 

(4)  Signs shall not obscure or otherwise interfere with the effectiveness of an official sign, signal or device, or obstruct or interfere with the driver's view of approaching, merging or intersecting traffic.

 

(5)  No minimum or maximum size structure.

 

 

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(6)  Message content of sign may not contain any advertisement.

 

(D) Non‑profit signs (service clubs and/or religious notices):

 

(1)  Sign area may not exceed 16 square feet and shall otherwise conform to all regulations of the NCDOT Outdoor Advertising Manual.

 

(2)  Sign location must be off the highway right-of-way and no additional setback from the right-of-way shall be required.

 

(3)  Message content of sign may not contain any advertisement.

 

(4)  No more than one non-profit sign per organization may be erected in each township.

 

(E)  Those signs erected on the highway right of way do not fall under the controls of this chapter.  However, they are in violation of G.S. §§ 136‑18(10) and 136‑30 or 19A NCAC 2E.0415.

(Ord. passed 12-15-97; Am. Ord. passed 7-20-01; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

 

                                   BUILDING INSPECTIONS AND PERMITS

 

 

§ 151.430  REGULATORY CODES ADOPTED BY REFERENCE.

 

The following state regulatory codes are hereby incorporated herein by reference as if set forth herein word for word:

 

(A) Volume I:  General Construction;

 

(B)  Volume I‑A:  Administration and Enforcement Requirements;

 

(C)  Volume I‑C:  Accessibility;

 

(D) Volume II:  Plumbing;

 

(E)  Volume III:  Mechanical;

 

(F)  Volume IV:  Electrical;

 

(G) Volume V:  Fire Prevention;

 

(H) Volume VI:  Gas;

 

 

 

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(I)   Volume VII:  Residential;

 

(J)   Volume VIII:  Modular Construction Regulations;

 

(K)  Volume IX:  Existing Buildings;

 

(L)  Volume X:  Energy; and

 

(M) Regulations for Manufactured/Mobile Homes.

(Ord. passed 12-15-97)

 

 

§ 151.431  INSPECTION PROCEDURE.

 

The inspection procedure is as follows:

 

(A) Excavation for footing:  request inspection after footing has been dug, grade stakes have been installed and before foundation is poured;

 

(B)  Foundation:  foundation/piers must be visible and free from all dirt and debris;

 

(C)  Floor joist:  call before concealment;

 

(D) Rough in:  includes framing, electrical, plumbing and mechanical; request inspection before concealment; (The air/water tests must be active for this inspection.)

 

(E)  Insulation:  after all rough ins have been inspected and approved, insulate and request inspection before concealment;

 

(F)  Pre‑final:  all work complete, ready for permanent power; and

 

(G) Final:  inspector will test all electrical circuits and issue certificate of occupancy.

(Ord. passed 12-15-97)

 

 

§ 151.432  ADMINISTRATIVE.

 

(A) A building permit may be purchased after:

 

(1)  Septic approval has been obtained from the local Health Department;

 

(2)  All taxes on the property due have been paid;

 

(3)  Zoning approval has been obtained from the County Planning Department; and

 

(4)  Plan approval.

 

 

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(B)  Required permits are as stated in the State Building Code.  The only structures exempt are storage and accessory buildings 144 square feet or less that may not be used as living space.  Any plumbing fixture or electrical wiring of the structure shall require a permit.  At no time may these structures be attached to a dwelling.

 

(C)  Failure to obtain the required permit prior to beginning work shall result in a fine equaling $50.

(Ord. passed 12-15-97; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

 

PLANNING BOARD

 

 

§ 151.445  APPOINTMENT AND TERMS OF PLANNING BOARD MEMBERS.

 

(A) (1)  There shall be a planning board consisting of seven members appointed by the Board of Commissioners, one of whom shall be an at‑large member.

 

(2)  The Board of Commissioners will make every attempt to appoint at least two members from each of the county's three townships (South Mills, Courthouse and Shiloh), and the remaining member shall be designated as an at‑large appointee and shall reside within the county.

 

(B)  Planning Board members shall be appointed for three-year staggered terms, but members may continue to serve until their successors have been appointed.  Terms shall be on a yearly basis (July 1 through June 30).  Vacancies shall be filled by the Board of Commissioners for the unexpired terms only.

 

(C)  Members may be appointed to a maximum of two successive terms or may continue to serve at the pleasure of the Board of Commissioners.

 

(D) Planning Board members may be removed by the Board of Commissioners, at any time, for failure to attend three consecutive meetings or for failure to attend 30% or more of the meetings within any 12-month period or for any other cause. Upon request of the member proposed for removal, the Board of Commissioners shall hold a hearing on the removal before it becomes effective.

 

(E)  If a Planning Board member changes his or her residence to a location outside the township that the member represents or outside the county, that shall constitute a resignation from the Planning Board, effective upon the date a replacement is appointed by the Board.

(Ord. passed 12-15-97; Am. Ord. 2002-08-01, passed 8-5-02)

 

 

 

 

 

 

 

 

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§ 151.446  MEETINGS OF THE PLANNING BOARD.

 

(A) The Planning Board shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with § 151.516.

 

(B)  Since the Planning Board has only advisory authority, it need not conduct its meetings strictly in accordance with the quasi judicial procedures set forth for the Board of Adjustment. However, it shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas.

 

(C)  Minutes shall be kept of all Planning Board proceedings.

 

(D) All Planning Board meetings shall be open to the public, and whenever feasible, the agenda for each Board meeting shall be made available in advance of the meeting.

(Ord. passed 12-15-97)

 

 

§ 151.447  QUORUM AND VOTING.

 

(A) A quorum for the Planning Board shall consist of four members.  A quorum is necessary for the Board to take official action.

 

(B)  All actions of the Planning Board shall be taken by majority vote, a quorum being present.

 

(C)  A roll call vote shall be taken upon the request of any member.

(Ord. passed 12-15-97; Am. Ord. 200-08-01, passed 8-5-02)

 

 

§ 151.448  PLANNING BOARD OFFICERS.

 

(A) At its July meeting of each year, the Planning Board shall elect one of its members to serve as Chairperson and preside over the Board's meetings and one member to serve as Vice‑Chairperson.  The persons so designated shall serve in these capacities for terms of one year. Vacancies in these offices may be filled for the unexpired terms only.

 

(B)  The Chairperson and Vice‑Chairperson may take part in all deliberations and vote on all issues.

(Ord. passed 12-15-97)

 

 

§ 151.449  POWERS AND DUTIES OF THE PLANNING BOARD.

 

(A) The Planning Board may:

 

(1)  Make studies and recommend to the Board of Commissioners plans, goals and objectives relating to the growth, development and redevelopment of the county;

 

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(2)  Develop and recommend to the Board of Commissioners policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner;

 

(3)  Make recommendations to the Board of Commissioners concerning proposed special use permits and proposed zoning map and text changes; and

 

(4)  Perform any other duties assigned by the Board of Commissioners.

 

(B)  The Planning Board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this chapter.

(Ord. passed 12-15-97)

 

 

§ 151.450  PLANNING ISSUE ADVISORY COMMITTEES.

 

(A) From time to time, the Board of Commissioners may appoint one or more individuals to assist the Planning Board to carry out its planning responsibilities with respect to a particular subject area.  By way of illustration, the Board of Commissioners may appoint advisory committees to consider thoroughfare plans, housing plans, economic development plans and the like.

 

(B)  Members of the advisory committees shall sit as nonvoting members of the Planning Board when the issues are being considered and lend their talents, energies and expertise to the Planning Board.  However, all formal recommendations to the Board of Commissioners shall be made by the Planning Board.

 

(C)  Nothing in this section shall prevent the Board of Commissioners from establishing independent advisory groups, committees or commissions to make recommendations on any issue directly to the Board of Commissioners.

(Ord. passed 12-15-97)

 

 

 

BOARD OF ADJUSTMENT

 

 

§ 151.460  APPOINTMENT AND TERMS OF BOARD OF ADJUSTMENT.

 

(A) There shall be a Board of Adjustment consisting of five regular members and two alternates, all appointed by the Board of Commissioners.  One regular member shall reside in each of the county's three townships (South Mills, Courthouse and Shiloh).  The remaining regular member shall be designated as an at‑large appointee.  The at‑large appointee and both alternates shall reside within the county.

 

 

 

 

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(B)  Board of Adjustment regular members and alternates shall be appointed for three-year staggered terms, but both regular members and alternates may continue to serve until their successors have been appointed.  At the adoption of this chapter, the Board of Commissioners shall make appointments at their discretion to fulfill statutory requirements of three-year terms.  Terms shall be on a calendar year basis, January 1 through December 31.  Vacancies may be filled by the Board of Commissioners for the unexpired terms only.

 

(C)  Members may be appointed to a maximum of two successive terms or may continue to serve at the pleasure of the Board of Commissioners.

 

(D) Regular Board of Adjustment members may be removed by the Board, at any time, for failure to attend three consecutive meetings or for failure to attend 30% or more of the meetings within any 12‑month period or for any other cause.  Alternate members may be removed for repeated failure to attend or participate in meetings.

 

(E)  If a regular or alternate member moves outside the county or outside the township represented by that member, that shall constitute a resignation from the Board, effective upon the date a replacement is appointed.

 

(F)  An alternate member may sit in lieu of any regular member.  When so seated, alternates shall have the same powers and duties as the regular member they replace.

(Ord. passed 12-15-97; Am. Ord. 200-08-01, passed 8-5-02)

 

 

§ 151.461  MEETINGS OF THE BOARD OF ADJUSTMENT.

 

(A) The Board of Adjustment shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with §§ 151.516 and 151.534.

 

(B)  The Board of Adjustment shall conduct its meetings in accordance with the quasi‑judicial procedures set forth herein.

 

(C)  Minutes shall be kept of all Board of Adjustment meetings.

 

(D) All meetings of the Board of Adjustment shall be open to the public, and whenever feasible, the agenda for each Board meeting shall be made available in advance of the meeting.

(Ord. passed 12-15-97)

 

 

§ 151.462  QUORUM.

 

(A) A quorum for the Board of Adjustment shall consist of four members, including alternates sitting in lieu of regular members.  A quorum is necessary for the Board to take official action.

 

 

 

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(B)  A member who has withdrawn from the meeting without being excused, as provided in § 151.463, shall be counted as present for purposes of determining whether a quorum is present.

(Ord. passed 12-15-97)

 

 

§ 151.463  VOTING.

 

(A) The concurring vote of four‑fifths of the members (regular members or alternates sitting in lieu thereof) shall be necessary to reverse any order, requirement, decision or determination of the Administrator or to decide in favor of the applicant any matter upon which it is required to pass under any ordinance, including the issuance of a conditional use permit or to grant any variance. All other actions of the Board shall be taken by majority vote, a quorum being present.

 

(B)  Once a member is physically present at a Board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with division (C) below or has been allowed to withdraw from the meeting in accordance with division (D) below.

 

(C)  A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:

 

(1)  If the member has a direct financial interest in the outcome of the matter at issue;

 

(2)  If the matter at issue involves the member's own official conduct;

 

(3)  If participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or

 

(4)  If a member has close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest.

 

(D) A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.

 

(E)  A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.

 

(F)  A roll call vote shall be taken upon the request of any member.

(Ord. passed 12-15-97)

 

 

 

 

 

 

 

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§ 151.464  BOARD OF ADJUSTMENT OFFICERS.

 

(A) At its first regular meeting in January of each year, the Board of Adjustment shall elect one of its regular members to serve as Chairperson and preside over the Board's meetings and one regular member to serve as Vice‑Chairperson.  The persons so designated shall serve in these capacities for terms of one year.  Vacancies may be filled for the unexpired terms only.

 

(B)  The Chairperson or any member temporarily acting as Chairperson may administer oaths to witnesses coming before the Board.

 

(C)  The Chairperson and Vice‑Chairperson may take part in all deliberations and vote on all issues.

(Ord. passed 12-15-97)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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§ 151.465  POWERS AND DUTIES OF BOARD OF ADJUSTMENT.

 

(A) The Board of Adjustment shall hear and decide:

 

(1)  Appeals from any order, decision, requirement or interpretation made by the Administrator, as provided §§ 151.530 through 151.536;

 

(2)  Applications for conditional use permits, as provided in §§ 151.495 through 151.518;

 

(3)  Applications for variances, as provided in §§ 151.495 through 151.518;

 

(4)  Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines, as provided in §§ 151.495 through 151.518; or

 

(5)  Any other matter the Board is required to act upon by any other county ordinance.

 

(B)  The Board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this chapter.

(Ord. passed 12-15-97)

 

 

 

ADMINISTRATOR

 

 

§ 151.475  ADMINISTRATOR.

 

(A) (1)  Primary responsibility for administering and enforcing this chapter may be assigned to one or more individuals by the County Manager.

 

(2)  The person or persons to whom these functions are assigned shall be referred to in this chapter as the Administrator.

 

(3)  The term staff or planning staff is sometimes used interchangeably with the term Administrator.

 

(B)  Any function or responsibility assigned by this chapter to the Administrator may be delegated by the person to another employee or agent acting under the Administrator's control or at his or her direction unless the delegation is prohibited by the County Manager.

(Ord. passed 12-15-97)

 

 


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§ 151.485  BOARD OF COMMISSIONERS.

 

(A) The Board of Commissioners, in considering special use permit applications, acts in a quasi judicial capacity and, accordingly, is required to observe the procedural requirements set forth herein.

 

(B)  In considering proposed changes in the text of this chapter or in the zoning map, the Board acts in its legislative capacity and must proceed in accordance with the requirements of §§ 151.580 through 151.586.

 

(C)  In acting upon special use permit requests or in considering amendments to this chapter or the zoning map, the Board shall follow the quorum, voting and other requirements as set forth in G.S. Ch. 153A and other provisions of law.

(Ord. passed 12-15-97)

 

 

 

 

ZONING, SPECIAL USE AND CONDITIONAL USE PERMITS

 

 

§ 151.495  PERMITS REQUIRED.

 

(A) Subject to §§ 151.415 through 151.418, the use made of property may not be substantially changed, substantial clearing, grading, filling or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved or substantially altered, except in accordance with and pursuant to one of the following permits:

 

(1)  A zoning permit issued by the Administrator (letter Z in the Table of Permissible Uses);

 

(2)  A conditional use permit issued by the Board of Adjustment (letter C in the Table of Permissible Uses); or

 

(3)  A special use permit issued by the Board of Commissioners (letter S in the Table of Permissible Uses).

 

(B)  Zoning permits, special use permits, conditional use permits and sign permits are issued under this chapter only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this chapter if completed as proposed. The plans and applications as are finally approved are incorporated into any permit issued and, except as otherwise provided in this subchapter, all development shall occur strictly in accordance with the approved plans and applications.


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(C)  Physical improvements to land to be subdivided may not be commenced, except in accordance with a special use permit issued by the Board of Commissioners for major subdivisions or after final plat approval by the Administrator for minor subdivisions.

 

(D) A zoning permit, conditional use permit, special use permit or sign permit shall be issued in the name of the applicant, except that applications submitted by an agent shall be issued in the name of the principal, shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted and shall contain any special conditions or requirements lawfully imposed by the permit issuing authority.

 

(E)  No application for a zoning permit, conditional use permit, special use permit, sign permit, or any other permit authorized under this code may be accepted by the Administrator or the Planning Department until the applicant has shown evidence to the Planning Department that all property taxes due on the property for which the application is sought shall have been paid.

(Ord. passed 12-15-97; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

§ 151.496  NO OCCUPANCY, USE OR SALE OF LOTS UNTIL REQUIREMENTS FULFILLED.

 

(A) (1)  Issuance of a conditional use, special use or zoning permit authorizes the recipient to commence the activity resulting in a change in use of the land or, subject to obtaining a building permit, to commence work designed to construct, erect, move or substantially alter buildings or other substantial structures or to make necessary improvements to a subdivision.

 

(2)  However, except as provided in this subchapter, the intended use may not be commenced, no building may be occupied, no streets may be paved, and in the case of subdivisions, no lots may be sold until all of the requirements of this chapter and all additional requirements imposed pursuant to the issuance of a conditional use or special use permit have been complied with.

 

(B)  For purposes of this section, a lot is sold when title is transferred.

(Ord. passed 12-15-97)

 

 

§ 151.497  WHO MAY SUBMIT PERMIT APPLICATIONS.

 

(A) Applications for zoning, special use, conditional use or sign permits or minor subdivision plat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the minor subdivision plat approval.  By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who  have contracted to purchase property contingent upon their ability to acquire the necessary permits under this subchapter, or the agents of the persons, who may make application in the name of the owners, lessees or contract vendees.  Agents acting as agents shall disclose the name of the principal and shall disclose the fact that they are acting as an agent in the application.

 

 

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(B)  The Administrator may require an applicant to submit evidence of his or her authority to submit the application in accordance with division (A) above whenever there appears to be a reasonable basis for questioning this authority.

(Ord. passed 12-15-97)

 

 

§ 151.498  APPLICATIONS TO BE COMPLETE.

 

(A) All applications for zoning, special use, conditional use, or sign permits must be complete before the permit issuing authority is required to consider the application.  All special use permit applications, with the exception of a SUP for a major subdivision, and all conditional use permit applications shall be submitted no later than 15 working days prior to the scheduled meeting at which they are to be heard.

 

(B)  Subject to division (C) below, an application is complete when it contains all of the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this chapter.

 

(C)  (1)  Detailed or technical design requirements and construction specifications relating to various types of improvements (such as streets) are set forth in one or more of the appendices to this chapter.  It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information to allow the permit issuing authority to evaluate the application in the light of the substantive requirements set forth in the text of this chapter.

 

(2)  However, whenever this chapter requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one or more of these appendices, then no construction work on the element may be commenced until detailed construction drawings have been submitted to and approved by the Administrator.  Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval or other penalty as provided in §§ 151.565 through 151.570.

 

(D) The presumption established by this chapter is that all of the information set forth in Appendix A is necessary to satisfy the requirements of this section.  However, it is recognized that each development is unique and therefore the permit issuing authority may allow less information or require more information to be submitted according to the needs of the particular case.  For applications submitted to the Board of Commissioners or Board of Adjustment, the applicant may rely in the first  instance on the recommendations of the Administrator as to whether more or less information than that set forth in Appendix A should be submitted.

 

(E)  The Administrator shall develop application forms, instructional sheets, checklists or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted.  In classes of cases where a minimal amount of information is necessary to enable the Administrator to determine compliance with this subchapter, such as  applications for zoning permits to construct single‑family houses or applications for sign permits, the

 

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Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.

(Ord. passed 12-15-97)

 

 

§ 151.499  STAFF CONSULTATION BEFORE FORMAL APPLICATION.

 

(A) To minimize development planning costs, avoid misunderstanding or misinterpretation and ensure compliance with the requirements of this chapter, pre‑application consultation between the developer and the planning staff is encouraged or required as provided in this chapter.

 

(B)  Before submitting an application for a special use permit authorizing a development that consists of or contains a major subdivision, the developer shall submit to the Administrator a sketch plan of the subdivision, drawn approximately to scale.  The developer shall submit the number of sketch plan copies that the Administrator deems reasonably necessary to facilitate the sketch plan review process as set forth herein.

 

(C)  Following submittal of the sketch plan and other materials to the Administrator, the Administrator shall meet with the developer to review the sketch plan.  The application for a special use permit for a project requiring sketch plan review may not be submitted until after the meeting.

 

(D) Before submitting an application for any other permit, developers are strongly encouraged to consult with the Administrator concerning the application of this chapter to the proposed development.

(Ord. passed 12-15-97)

 

 

§ 151.500  STAFF CONSULTATION AFTER APPLICATION SUBMITTED.

 

(A) Upon receipt of a formal application for a zoning, special use or conditional use permit, or minor plat approval, the Administrator shall review the application and confer with the applicant to ensure that he or she understands the planning staff's interpretation of the applicable requirements of this chapter, that he or she has submitted all of the information that he or she intends to submit and that the application represents precisely and completely what he or she proposes to do.

 

(B)  If the application is for a special use or conditional use permit, the Administrator shall place the application on the agenda of the appropriate Board when the applicant indicates that the application is as complete as he or she intends to make it.  However, as provided in this subchapter, if the Administrator believes that the application is incomplete, he shall recommend to the appropriate Board that the application be denied on that basis.

(Ord. passed 12-15-97)

 

 

 

 

 

 

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§ 151.501  ZONING PERMITS.

 

(A) A completed application form for a zoning permit shall be submitted by filing a copy of the application in the office of the Administrator.

 

(B)  The Administrator shall issue the zoning permit unless he or she finds, after reviewing the application and consulting with the applicant, as provided in this subchapter, that:

 

(1)  The requested permit is not within his jurisdiction according to the Table of Permissible Uses;

 

(2)  The application is incomplete; or

 

(3)  If completed as proposed in the application, the development will not comply with one or more requirements of this chapter, not including those requirements concerning which a variance has been granted or those the applicant is not required to comply with under the circumstances specified herein.

 

(C)  (1)  Prior to the issuance of zoning and building permits, verification must be submitted by the applicant that the lot will be served by either a state-approved package plant or public sewer facility or a waste treatment system complying with the requirements of the local Health Department where applicable.  This requirement shall not apply to camper lots in existence on the effective date of this chapter, where the electrical power is interrupted on a seasonal basis and an electrical permit is  required prior to resumption of power.

 

(2)  Evidence of the securing of an improvements permit shall not constitute evidence of compliance with requirements of any district or zone in this chapter or the overlay zones.

 

(D) Zoning permits for commercial site plans consisting of an area 40,000 square feet or more, may, at the discretion of the Administrator, be referred to the Planning Board and Board of Commissioners.

(Ord. passed 12-15-97)

 

 

§ 151.502  AUTHORIZING USE OR OCCUPANCY BEFORE COMPLETION OF DEVELOPMENT UNDER ZONING PERMIT.

 

In cases when, because of weather conditions or other factors beyond the control of the zoning permit recipient, exclusive of financial hardship, it would be unreasonable to require the zoning permit recipient to comply with all of the requirements of this chapter prior to commencing the intended use of the property or occupying any buildings, the Administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this chapter are concerned) if the permit recipient is issued a temporary certificate of occupancy from the Inspections Department or, if he or she complies with the requirements of § 151.242 to the satisfaction of the Administrator to ensure that all of the requirements of this chapter will be fulfilled within a reasonable period, not to exceed six months, as determined by the Administrator.

(Ord. passed 12-15-97)

 

 

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§ 151.503  SPECIAL USE PERMITS AND CONDITIONAL USE PERMITS.

 

(A) An application for a conditional use permit shall be submitted to the Board of Adjustment by filing a copy of the application in the office of the Administrator.

 

(B)  An application for a special use permit shall be submitted to the Planning Board and the Board of Commissioners by filing a copy of the application in the office of the Administrator.

 

(C)  The Board of Adjustment or the Board of Commissioners, respectively, shall issue the requested permit unless it concludes, based upon the information submitted at the hearing, that:

 

(1)  The requested permit is not within its jurisdiction according to the Table of Permissible Uses;

 

(2)  The application is incomplete; or

 

(3)  If completed as proposed in the application, the development will not comply with one or more requirements of this chapter, including the provisions found in §§ 151.345 through 151.347, not including those the applicant is not required to comply with under the circumstances specified in §§ 151.360 through 151.368.

 

(D) No application shall be processed unless all required fees are submitted.

(Ord. passed 12-15-97)

 

 

§ 151.504  BURDEN OF PRESENTING EVIDENCE; BURDEN OF PERSUASION.

 

(A) (1)  The burden of presenting a complete application required by this subchapter to the permit issuing Board shall be upon the applicant.

 

(2)  However, unless the Board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete.  The presumption herein created shall not preclude the Administrator or any Board from re‑evaluating any application based upon inadequacies revealed at a later date.

 

(B)  (1)  Once a completed application has been submitted, the burden of presenting evidence to the permit issuing Board sufficient to lead it to conclude that the application should be denied for any reasons stated in this subchapter shall be upon the party or parties urging this position unless the information presented by the applicant in his or her application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application.

 

(2)  However, nothing herein shall require the Board to approve any application unless the same shall be in the best interests of the county.


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(C)  (1)  The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this chapter remains, at all times, on the applicant.

 

(2)  The burden of persuasion on the issue of whether the application should be turned down for any of the reasons set forth in this subchapter rests on the party or parties urging that the requested permit should be denied.

(Ord. passed 12-15-97)

 

 

§ 151.505  RECOMMENDATIONS ON CONDITIONAL USE PERMIT APPLICATIONS.

 

(A) When presented to the Board of Adjustment at the hearing, the application for a conditional use permit shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with this subchapter and the other requirements of this chapter, as well as any staff recommendations for additional requirements to be imposed by the Board of Adjustment.

 

(B)  If the staff proposes a finding or conclusion that the application fails to comply with this subchapter or any other requirement of this chapter, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

 

(C)  The Board of Adjustment may, by general rule applicable to all cases or any class of cases, or on a case by case basis, refer applications to the Planning Board to obtain its recommendations.

(Ord. passed 12-15-97)

 

 

§ 151.506  RECOMMENDATIONS ON SPECIAL USE PERMITS.

 

(A) (1)  Before being presented to the Board of Commissioners, an application for a special use permit shall be referred to the Planning Board for action in accordance with this section.  The Board of Commissioners may not hold a public hearing on a special use permit application until the Planning Board has had an opportunity to consider the application pursuant to standard agenda procedures.  The Planning Board shall have 60 days from the date of its first hearing by the Planning Board to forward its recommendation to the Board of Commissioners.

 

(2)  Failure to transmit their recommendation within the allotted time shall have the same effect as a recommendation for approval.  In addition, at the request of the Planning Board, the Board may continue the public hearing to allow the Planning Board more time  to consider or reconsider the application.

 

(B)  When presented to the Planning Board, the application shall be accompanied by a written report setting forth the Administrator's proposed findings concerning the application's compliance with this subchapter and other requirements of this chapter, as well as any staff recommendations for additional requirements to be imposed by the Board.  If the staff report proposes a finding or conclusion that the


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application fails to comply with this Article or any other requirement of this chapter, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.  For purposes of this section, the term staff includes the departments and agencies to which the application is referred for comment.

 

(C)  The Planning Board shall consider the application and the attached staff report in a timely fashion, and may, in its discretion, hear from the applicant or members of the public.

 

(D) After reviewing the application, the Planning Board shall report to the Board of Commissioners whether it concurs in whole or in part with the staff's proposed findings and conditions, and to the extent there are differences, the Planning Board shall propose its own recommendations and the reasons therefor.

 

(E)  In response to the Planning Board's recommendations, the applicant may modify his or her application prior to submission to the Board of Commissioners and the staff may likewise revise its recommendations.

(Ord. passed 12-15-97)

 

 

§ 151.507  BOARD OF COMMISSIONERS ACTION ON SPECIAL USE PERMITS.

 

In considering whether to approve an application for a special use permit, the Board of Commissioners shall proceed according to the following format.

 

(A) (1)  The Board shall consider whether the application is complete.

 

(2)  If no member moves that the application be found incomplete (specifying either the particular type of information lacking or the particular requirement with respect to which the application is incomplete) then this shall be taken as an affirmative finding by the Board that the application is complete.

 

(B)  The Board shall consider whether the application complies with all of the applicable requirements of this chapter.  If a motion to this effect passes, the Board shall make findings supporting the motion.  If a motion fails or is not made then a motion shall be made that the application be found not in compliance with one or more of the requirements of this chapter.  A motion shall specify the particular requirements the application fails to meet.  Separate votes may be taken with respect to each requirement not met by the application.  It shall be conclusively presumed that the application complies with all requirements not found by the Board to be unsatisfied through this process.

 

(C)  If the Board concludes that the application fails to comply with one or more requirements of this chapter, the application shall be denied.  If the Board of Commissioners conclude that all


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requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one or more of the reasons set forth within this chapter.  A motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion.

(Ord. passed 12-15-97)

 

 

§ 151.508  BOARD OF ADJUSTMENT ACTION ON CONDITIONAL USE PERMITS.

 

(A) In considering whether to approve an application for a conditional use permit, the Board of Adjustment shall proceed in the same manner as the Board of Commissioners when considering special use permit applications, except that the format of the Board of Adjustment's proceedings will differ as a result of the four‑fifths voting requirement.

 

(B)  (1)  The Board shall consider whether the application is complete.  If the Board concludes that the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied.

 

(2)  A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete.

 

(3)  A concurred vote by two members of the Board, shall constitute the Board's finding on this issue.

 

(4)  If a motion to this effect is not made and concurred in by at least two members, this shall be taken as an affirmative finding by the Board that the application is complete.

 

(C)  (1)  The Board shall consider whether the application complies with all of the applicable requirements of this chapter.  If a motion to this effect passes by the necessary four‑fifths vote, the Board shall make findings supporting the motion.  If a motion fails to receive the necessary four‑fifths vote or is not made, then a motion shall be made that the application be found not in compliance with one or more requirements of this chapter.  A motion shall specify the particular requirements the application fails to meet.

 

(2)  A separate vote may be taken with respect to each requirement not met by the application, and the vote of the number of members equal to more than one‑fifth of the Board membership (excluding vacant seats) in favor of such a motion shall be sufficient to constitute the motion a finding of the Board.  It shall be conclusively presumed that the application complies with all requirements not found by the Board to be unsatisfied through this process.  If the Board concludes that the application fails to meet one or more of the requirements of this chapter, the application shall be denied.

 

(D) (1)  If the Board concludes that all requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one or more of the reasons set forth in § 151.504.


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(2)  A motion shall propose specific findings, based upon the evidence submitted, justifying a conclusion.

 

(3)  Since a motion is not in favor of the applicant, it is carried by a simple majority vote.

(Ord. passed 12-15-97)

 

 

§ 151.509  ADDITIONAL REQUIREMENTS ON SPECIAL USE AND CONDITIONAL USE PERMITS.

 

(A) Subject to division (B) below, in granting a conditional or special use permit, the Board of Adjustment or Board of Commissioners, respectively, may attach to the permit reasonable requirements in addition to those specified in this chapter as will ensure that the development in its proposed location:

 

(1)  Will not endanger the public health or safety;

 

(2)  Will not injure the value of adjoining or abutting property;

 

(3)  Will be in harmony with the area in which it is located;

 

(4)  Will be in conformity with the land use plan, thoroughfare plan or other plan officially adopted by the Board; and

 

(5)  Will not exceed the county's ability to provide adequate public facilities, including, but not limited to schools, fire and rescue, law enforcement and other county facilities.  Applicable state standards and guidelines shall be followed for determining when public facilities are adequate.  The facilities must be in place or programmed to be in place within two years after the initial approval of the sketch plan.

 

(B)  The permit issuing Board may not attach additional conditions that modify or alter the specific requirements set forth in this chapter unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.

 

(C)  The Board may attach to a permit a condition limiting the permit to a specified duration.

 

(D) In the case of subdivision and multifamily development at the sketch plan/special use, preliminary plat or final plat stage, the Board of Commissioners may establish time limits on the number of lots/units available for development to assure adequate public facilities are available.

 

(E)  All additional conditions or requirements shall be entered on the permit.

 

(F)  All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this chapter.


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(G) A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in this subchapter.

(Ord. passed 12-15-97)

 

 

§ 151.510  AUTHORIZING USE, OCCUPANCY OR SALE BEFORE COMPLETION OF DEVELOPMENT UNDER SPECIAL USE OR CONDITIONAL USE PERMITS.

 

(A) In cases when, because of weather conditions or other factors beyond the control of the special use or conditional use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this chapter before commencing the intended use of the property or occupying any buildings or selling lots in a subdivision (with the  exception of water and sewer plant systems as noted in division (B) below), the permit issuing Board may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivision lots (insofar as the requirements of this chapter are concerned) if the permit recipient meets the conditions hereof in a manner satisfactory to the county to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed six months).

 

(B)  With respect to centralized water and sewer treatment plant construction, a performance bond may be posted with the county for a period of one year from final plat approval (first final plat approval granted if developed in phases or sections) to guarantee construction of the system.  Further, the permit

issuing Board may grant up to two 1‑year extensions provided the applicant prepare and present to the permit issuing Board a report outlining the current status of the system and development prior to the expiration date of the currently held bond.  If the extension request is denied by the permit issuing Board, the permit recipient shall be granted a six-month period from denial date to complete installation of the required improvements provided the recipient extends the currently held bond to cover this period. Failure to extend the bond prior to expiration date shall give cause for the county to execute the bond.

 

(C)  When the Board imposes additional requirements upon the permit recipient in accordance with this subchapter or when the developer proposes in the plans submitted to install amenities beyond those required by this chapter, the Board may authorize the permittee to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements are  fulfilled or the amenities installed if it specifies a date by which or a schedule according to which requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one or more of the following:

 

(1)  The permit recipient complies with the conditions of § 151.242 in a manner satisfactory to the Board;

 

(2)  A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient's compliance will be reviewed when application for renewal is made; or


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(3)  The nature of the requirements or amenities is such that sufficient assurance of compliance is given as contained in §§ 151.565 through 151.570.

(Ord. passed 12-15-97)

 

 

§ 151.511  COMPLETING DEVELOPMENTS IN PHASES.

 

(A) If a development is constructed in phases or stages in accordance with this section, then, subject to division (C) below, the provisions of §§ 151.496 and 151.510 shall apply to each phase as if it were the entire development.

 

(B)  As a prerequisite to taking advantage of the provisions of division (A) above, the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this chapter that will be satisfied with respect to each phase or stage.

 

(C)  If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his or her application for development approval, the developer shall submit a proposed schedule for completion of the improvements.  The schedule shall relate completion of one or more phases or stages of the entire development.  Open space requirements shall be met proportionally in each phase at or above the same percentage as that phase relates to the total lots in the entire subdivision.  Once a schedule has been approved and made part of the permit by the permit issuing authority, no land may be used, no buildings may be occupied and no subdivision lots may be sold, except in accordance with the schedule approved as part of the permit, provided that:

 

(1)  If the improvement is one required by this chapter, then the developer may utilize the provisions of § 151.510; and

 

(2)  If the improvement is an amenity not required by this chapter or is provided in response to a condition imposed by the Board, then the developer may utilize the provisions of § 151.510(B).

(Ord. passed 12-15-97)

 

 

§ 151.512  EXPIRATION OF PERMITS.

 

(A) Zoning permits shall expire automatically if, within one year after the issuance of the permit:

 

(1)  The use authorized by the permit has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition or similar work is necessary before commencement of the use; or

 

(2)  Less than 5% of the total cost of all construction, erection, alteration, excavation, demolition or similar work on any development authorized by the permit has been completed on the site. With respect to phased development, this requirement shall apply only to the first phase.


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(B)  If, after some physical alteration to land or structures begins to take place, the work is discontinued for a period of one year, then the zoning permit authorizing the work shall immediately expire.  However, expiration of the permit shall not affect the provisions of § 151.514.

 

(C)  Special use and conditional use permits shall expire automatically if, within two years after the issuance of the permits:

 

(1)  The use authorized by the permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition or similar work is necessary before commencement of the use;

 

(2)  A preliminary plat, if required, has not been filed for approval and less than 5% of the total cost of all construction, erection, alteration, excavation, demolition or similar work on any development authorized by the permits has been completed on the site.  With respect to phased development, this requirement shall apply only to the first phase; or

 

(3)  In the case where a preliminary plat is not required, less than 5% of the total cost of all construction, erection, alteration, excavation, demolition or similar work on any development authorized by the permits has been completed on the site.

 

(D) (1)  The permit issuing authority may extend one time for a period up to one year the date when a permit would otherwise expire pursuant to divisions (A)(1) and (2) and (C)(1) through (3) if it concludes that:

 

(a)  The permit has not yet expired;

 

(b)  The permit recipient has proceeded with due diligence and in good faith; and

 

(c)  Conditions have not changed so substantially as to warrant a new application.

 

(2)  Successive extensions shall not be granted.  All extensions may be granted without resort to the formal processes and fees required for a new permit.

 

(E)  For purposes of this section, the permit within the jurisdiction of the Board of Commissioners or the Board of Adjustment is issued when the Board votes to approve the application and issue the permit.  A permit within the jurisdiction of the Administrator is issued when the earlier of the following takes place:

 

(1)  A copy of the fully executed permit has been signed‑off by the Administrator; or

 

(2)  The Administrator notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded if required hereunder.


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(F)  This section shall not be applicable to permits issued prior to the effective date of this chapter.

(Ord. passed 12-15-97; Am. Ord. 2001‑10‑04, passed 10-1-01)

 

 

§ 151.513  ZONING VESTED RIGHT.

 

(A) A zoning vested right shall be deemed established upon the valid approval, or conditional approval by the Board of Commissioners or the Board of Adjustment, as applicable, of a site specific development plan, following notice and public hearing.

 

(B)  For purposes of these regulations, a site specific development plan shall constitute any one of the following approvals:

 

(1)  Conditional use permit granted by the Board of Adjustment;

 

(2)  Special use permit granted by the Board of Commissioners, except for subdivisions;

 

(3)  For subdivisions requiring approval by the Board of Commissioners, a preliminary plat or final plat when a sketch plan is not required; and

 

(4)  Approval of a commercial site plan by the Board of Commissioners.

 

(C)  A site specific development plan shall be deemed approved upon the effective date of the approval authority's action or ordinance relating thereto.  A zoning right that has been vested, as provided in this subchapter, shall remain vested for a period of two years.  This vesting shall not be extended by any amendments or modifications to a site specific development plan unless expressly provided by the approval authority at the time the amendment or modification is approved.

 

(D) The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type and intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulation by the county, including, but not limited to building, fire, plumbing, electrical and mechanical  codes.  Otherwise, applicable new or amended regulations shall become effective with respect to property  that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this subchapter.

 

(E)  A zoning vested right is not a personal right, but shall be attached to and run with the applicable property.  After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise the right while applicable.

 

(F)  A zoning right that has been vested as provided in this subchapter shall terminate:

 

(1)  At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been issued;


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(2)  With written consent of the affected landowner;

 

(3)  Upon findings by the Board of Commissioners, by ordinance after notice and public hearing, that natural or man‑made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as contemplated in the site specific development plan;

 

(4)  Upon payment to the affected landowner of compensation for all costs, expenses and other losses incurred by the landowner, including, but not limited to all fees paid in consideration of financing and all architectural, planning, marketing, legal and other consultant's fees incurred after approval by the county, together with interest thereon at the legal rate until paid;  (Compensation shall not include any diminution in the value of the property which is caused by the action.)

 

(5)  Upon findings by the Board of Commissioners, by ordinance after notice and a hearing, that a landowner or his or her representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval authority of the site specific development plan; and

 

(6)  Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan, in which case the approval authority may modify the affected provisions, upon finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and hearing.

 

(G) Nothing in this section is intended or shall be deemed to create any vested right other than those established pursuant to G.S. § 153A‑344.1.

 

(H) In the event that G.S. § 153A‑344.1 is repealed, this section shall be deemed repealed and the provisions hereof no longer effective.

 

(I)   This section shall be effective upon adoption of this chapter and shall only apply to site specific development plans approved on or after that date.

(Ord. passed 12-15-97)

Statutory reference:

Vesting rights, see G.S. §§ 153A‑344.1 et seq.

 

 

§ 151.514  EFFECT OF PERMIT ON SUCCESSORS AND ASSIGNS.

 

(A) Zoning, special use, conditional use and sign permits authorize the permittee to make use of land and structures in a particular way.  The permits are transferable.  However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:


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(1)  No person, including successors or assigns of the person who obtained the permit, may make use of the land or structures covered under the permit for the purposes authorized in the permit, except in accordance with all the terms and requirements of that permit; and

 

(2)  The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice, as provided in division (B) below, of the existence of the permit at the time they acquired their interest.

 

(B)  Whenever a special use or conditional use permit is issued to authorize development (other than single‑family or two‑family residences) on a tract of land in excess of five acres, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgment that the permit has been issued so that the permit may be recorded in the County Registry and indexed under the record owner's name as grantor.

(Ord. passed 12-15-97)

 

 

§ 151.515  AMENDMENTS TO AND MODIFICATIONS OF PERMITS.

 

(A) Minor changes from the permit, including approved plans, issued by the Board of Commissioners, the Board of Adjustment or the Administrator are permissible and the Administrator may authorize minor changes.  A change is minor if it has no discernible impact on neighboring properties, the general public or those intended to occupy or use the proposed development.  Examples of minor changes are reduction in density, increase of open space, slight lot line realignments, slight  relocation of streets and changes that have no substantial impact on neighboring properties.  This is not intended to be an all‑inclusive listing.

 

(B)  Major design modifications or changes in permits, including approved plans, are permissible with the approval of the permit issuing authority.  The permission may be obtained without a formal application, public hearing or payment of any additional fee.  For purposes of this section, major design modifications or changes are those that have substantial impact on neighboring properties, the general public or those intended to occupy or use the proposed development, increase in density, decrease of open space, major shifting of lot lines and major shifting of streets.  This is not intended to be an all‑inclusive listing.

 

(C)  All other requests for changes in approved plans will be processed as new applications.  If the requests are required to be acted upon by the Board of Commissioners or Board of Adjustment, new conditions may be imposed in accordance with § 151.510, but the applicant retains the right to reject additional conditions by withdrawing his or her request for an amendment and may then proceed in accordance with the previously issued permit.


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(D) The Administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in division (A) through (C) above.

 

(E)  A developer requesting approval of changes shall submit a written request for the approval to the Administrator, which request shall identify the changes.  Approval of all changes must be given in writing.

(Ord. passed 12-15-97)

 

 

§ 151.516  RECONSIDERATION OF BOARD ACTION.

 

(A) Whenever:

 

(1)  The Board of Commissioners disapproves a special use permit application; or

 

(2)  The Board of Adjustment disapproves an application for a conditional use permit or a variance, on any basis other than the failure of the applicant to submit a complete application, the action may not be reconsidered by the respective Board at a later time unless the applicant clearly demonstrates that:

 

(a)  Circumstances affecting the property that is the subject of the application have substantially changed; or

 

(b)  New information is available that could not with reasonable diligence have been presented at a previous hearing.  A request to be heard on this basis must be filed with the Administrator within the time period for an appeal to Superior Court.  However, such a request does not extend the period within which an appeal must be taken.

 

(B)  (1)  The Board of Commissioners or Board of Adjustment may at any time consider a new application affecting the same property as an application previously denied.

 

(2)  A new application is one that differs in some substantial way from the one previously considered.

(Ord. passed 12-15-97)

 

 

§ 151.517  APPLICATIONS TO BE PROCESSED EXPEDITIOUSLY.

 

Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the county shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this chapter.

(Ord. passed 12-15-97)

 


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§ 151.518  MAINTENANCE OF COMMON AREAS, IMPROVEMENTS AND FACILITIES.

 

The recipient of any zoning, special use, conditional use or sign permit, or his or her successor, shall be responsible for maintaining all common areas, improvements or facilities required by this chapter or any permit issued in accordance with its provisions, except those areas, improvements or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate  public authority.  As illustrations, this means that private roads and parking areas, water and sewer lines and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping or shading must be replaced if they die or are destroyed.

(Ord. passed 12-15-97)

 

 

 

APPEALS, VARIANCES AND INTERPRETATIONS

 

 

§ 151.530  APPEALS.

 

(A) An appeal from any final order or decision of the Administrator may be taken to the Board of Adjustment by any person aggrieved.  An appeal is taken by filing with the Administrator and the Board of Adjustment a written notice of appeal specifying the grounds therefor.  A notice of appeal shall be considered filed with the Administrator and the Board of Adjustment when delivered to the office of the Administrator and the date and time of filing shall be entered on the notice by the staff.

 

(B)  An appeal must be taken within ten days after the date of the decision or order appealed from.

 

(C)  Whenever an appeal is filed, the Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record relating to the action appealed from.

 

(D) An appeal stays all actions by the Administrator seeking enforcement of or compliance with the order or decision appealed from unless the Administrator sends a written notice to the Chairperson of the Board of Adjustments setting forth detailed reasons, which written notice shall constitute the certificate requirement of G.S. § 153A‑345(b) that a stay would, in his or her opinion, cause imminent peril to life or property.  If, after the Administrator has sent the written notice to the Chairperson of the Board of Adjustment and has allowed the violator a reasonable opportunity to comply with this chapter, the violation persists and there is imminent peril to life or property, the Administrator may immediately seek injunctive relief from the courts.  In that case, proceedings shall not be stayed except by order of the Board of Adjustment or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the Administrator.


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(E)  (1)  The Board of Adjustment may reverse or affirm (wholly or partly) or may modify the order, requirement or decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion should be made in the case before it.  To this end, the Board shall have all the powers of the officer from whom the appeal is taken.

 

(2)  In reversing or modifying the order, requirement, decision or determination of the Administrator, the Board of Adjustment shall make detailed written findings of fact and conclusions arising from the facts which explain and justify the decision, which written findings and conclusions shall be incorporated into the minutes of the meeting.

(Ord. passed 12-15-97)

 

 

§ 151.531  VARIANCES.

 

(A) An application for a variance shall be submitted to the Board of Adjustment by filing a copy of the application in the office of the Administrator.  Applications shall be handled in the same manner as applications for conditional use permits.

 

(B)  A variance may be granted by the Board of Adjustment if it concludes that strict enforcement of this chapter would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the chapter will be observed, public safety and welfare secured and substantial justice done.  It may reach these conclusions if it makes detailed written findings that:

 

(1)  If the applicant complies strictly with the provisions of this chapter, he or she can make no reasonable use of his or her property;

 

(2)  The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public;

 

(3)  The hardship relates to the applicant's land, rather than personal circumstances;

 

(4)  The hardship is unique, or nearly so, rather than one shared by many surrounding properties;

 

(5)  The hardship is not the result of the applicant's own actions; and

 

(6)  The variance will neither result in the extension of a nonconforming situation in violation of §§ 151.360 through 151.368 nor authorize the initiation of a nonconforming use of land.

 

(C)  In granting variances, the Board of Adjustment may impose reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.  In granting a variance, the Board of Adjustment shall make detailed written findings of fact and conclusions arising from the facts which explain and justify the decision, which written findings and conclusions shall be incorporated into the minutes of the meeting.


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(D) A variance may be issued for an indefinite duration or for a specified duration only.  However, the variance from the terms of the chapter shall continue, last or exist for so long as the principal structure shall remain habitable.

 

(E)  The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information.  All conditions are enforceable in the same manner as any other applicable requirement of this chapter.

 

(F)  No application for a variance may be accepted by the Administrator, Planning Department or the Board of Adjustment until the applicant has shown evidence to the Planning Department that all property taxes due on the property for which the application is sought shall have been paid.

(Ord. passed 12-15-97; Am. Ord. 2003‑04-01, passed 5‑5‑03)

 

 

§ 151.532  VARIANCES FROM FLOODPLAIN OR FLOODWAY REQUIREMENTS.

 

(A) In addition to the other requirements of § 151.531, a variance from any of the requirements set forth in §§ 151.380 et seq. may be granted by the Board of Adjustment if:

 

(1)  The variance is the minimum necessary to afford relief, considering the flood hazard; and

 

(2)  The granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud or victimization of the public or conflict with existing local laws or ordinances.

 

(B)  Any applicant to whom a variance from the requirements set forth in §§ 151.380 et seq. is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.  The notification shall be maintained with a record of all variance actions.

 

(C)  The Administrator shall, for actions and variances involving the requirements set forth in §§ 151.380 et seq., maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

 

(D) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in this section.

(Ord. passed 12-15-97)

 

 

 

 

 

 

2003 S‑2


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§ 151.533  INTERPRETATIONS.

 

(A) The Board of Adjustment is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions.  If the questions arise in the context of an appeal from a decision of the Administrator, they shall be handled as provided in § 151.530.

 

(B)  An application for an zoning map interpretation shall be submitted to the Board of Adjustment by filing a copy of the application in the office of the Administrator.  The application shall contain sufficient information to enable the Board to make the necessary interpretation.

 

(C)  Where uncertainty exists as to the boundaries of districts as shown on the official zoning map the following rules shall apply.

 

(1)  Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams or railroads shall be construed to follow the centerlines.

 

(2)  Boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines, shall be construed as following the lines, limits or boundaries.

 

(3)  Boundaries indicated as approximately parallel to the centerlines of streets or other rights‑of‑way shall be construed as being parallel thereto and at the distance therefrom or as indicated on the zoning atlas.

 

(4)  Boundaries indicated as following shorelines shall be construed to follow the shorelines, and in the event of change in the shoreline shall be construed as following the shorelines.

 

(5)  Where a district boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map.

 

(6)  Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of the street or alley added thereto by virtue of vacation or abandonment.

 

(D) Interpretations of the location of floodway and floodplain boundary lines may be made by the Administrator as provided in §§ 151.380 through 151.390 and 151.400 through 151.403.

(Ord. passed 12-15-97)

 

 

§ 151.534  REQUESTS TO BE HEARD EXPEDITIOUSLY.

 

The Board of Adjustment shall hear and decide all appeals, variance requests and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with §§ 151.550 through 151.555, and obtain the necessary information to make sound decisions.

(Ord. passed 12-15-97)

 

2003 S‑2


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§ 151.535  BURDEN OF PROOF IN APPEALS AND VARIANCES.

 

(A) When an appeal or variance is taken to the Board of Adjustment in accordance with § 151.530, the Administrator shall have the initial burden of presenting to the Board sufficient evidence and argument to justify the order or decision appealed from.  The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.

 

(B)  The burden of presenting evidence sufficient to allow the Board of Adjustment to reach the conclusions set forth in § 151.531(B), as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.

(Ord. passed 12-15-97)

 

 

§ 151.536  BOARD ACTION ON APPEALS AND VARIANCES.

 

(A) With respect to appeals, a motion to reverse, affirm or modify the order, requirement, decision or determination appealed from shall include a statement of the specific reasons or findings of facts that support the motion.  If a motion to reverse or modify is not made or fails to receive the four‑fifths vote necessary for adoption, then a motion to uphold the decision appealed from shall be in order.  This motion is adopted as the Board's decision if supported by more than one member, (such as regular member or alternate sitting in lieu thereof).

 

(B)  Before granting a variance, the Board must take a separate vote and vote affirmatively, by a four-fifths majority, on each of the six required findings stated in § 151.531(B).  A motion to make an affirmative finding on each of the requirements set forth in § 151.531(B) shall include a statement of the specific reasons or findings of fact supporting the motion.  In granting a variance, the Board shall make detailed written affirmative findings for each of the requirements set forth in § 151.531(B), which written findings shall be incorporated into the minutes of the meeting during which the variance was granted.

 

(C)  A motion to deny a variance may be made on the basis that any one or more of the six criteria set forth in § 151.531(B) are not satisfied or that the application is incomplete.  A motion shall include a statement of the specific reasons or findings of fact that support it.  This motion is adopted as the Board's decision if supported by more than one member, which is one regular member or alternate sitting in lieu thereof.

 

(D) Each decision of the Board is considered a final decision when the decision has been typed by the office of the Administrator and signed by the Administrator, his or her staff or designee.

(Ord. passed 12-15-97)

 

 


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                    HEARING PROCEDURES FOR APPEALS AND APPLICATIONS

 

 

§ 151.550  HEARING REQUIRED ON APPEALS AND APPLICATIONS.

 

(A) Before making a decision on an appeal or an application for a variance, special use permit, conditional use permit, or a petition from the administrator to revoke a special use permit, conditional use permit or zoning permit, the Board of Adjustment or the Board of Commissioners, as the case may be, shall hold a hearing on the appeal or application.

 

(B)  Subject to division (C) below, the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.

 

(C)  The Board of Adjustment or Board of Commissioners may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross examination of witnesses so that the matter at issue may be heard and decided without undue delay.

 

(D) The hearing Board may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made.  No further notice of a continued hearing need be published unless a period of eight weeks or more elapses between hearing dates.

(Ord. passed 12-15-97)

 

 

§ 151.551  NOTICE OF HEARING.

 

(A) In the case of a request for a special use permit, the applicant will provide a mailed notice to all adjacent property owners within 150 feet of the subject property at least ten days prior to the Planning Board meeting at which the request is to be heard.  Proof of mailing shall be furnished to the Planning Department.

 

(B)  The Administrator shall give notice of any hearing required by § 151.550 as follows.

 

(1)  Notice shall be given to the appellant or applicant and any other person who makes a written request for the notice by mailing to such persons a written notice not later than ten days before the hearing.

 

(2)  Notice shall be given to neighboring property owners by mailing a written notice not later than ten days before the hearing to those persons who have listed for taxation real property any portion of which is located within 150 feet of the lot that is the subject of the application or appeal.


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(3)  In the case of conditional and special use permits, notice shall be given to other potentially interested persons by publishing a notice in a newspaper having general circulation in the area one time not less than ten nor more than 25 days prior to the date fixed for the hearing.

 

(4)  The notice required by this section above shall state the date, time and place of the hearing, reasonably identify the lot that is the subject of the application or appeal and give a brief description of the action requested or proposed.

 

(5)  The planning staff shall post a notice of the hearing in the vicinity of the property in question.

 

(6)  The Administrator shall make every reasonable effort to comply with the notice provisions set forth in this section.  However, it is not the Board's intention that failure to comply with any of the notice provisions that are not statutorily required shall render any decision invalid.

(Ord. passed 12-15-97)

 

 

§ 151.552  EVIDENCE.

 

(A) The provisions of this section apply to all hearings for which a notice is required by § 151.550.

 

(B)  All persons who intend to present evidence to the permit issuing board, rather than arguments only, shall be sworn.

 

(C)  All findings and conclusions necessary to the issuance or denial of the requested permit or appeal (crucial findings) shall be based upon reliable evidence.  Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable and the matter at issue is not seriously disputed.

(Ord. passed 12-15-97)

 

 

§ 151.553  MODIFICATION OF APPLICATION AT HEARING.

 

(A) In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Board of Commissioners or Board of Adjustment, the applicant may agree to modify his application, including the plans and specifications submitted.

 

(B)  Unless the modifications are so substantial or extensive that the Board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the Board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the planning staff.

(Ord. passed 12-15-97)

 


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§ 151.554  RECORD.

 

(A) A tape recording shall be made of all hearings required by § 151.550 and the recordings shall be kept for at least two years.  Accurate minutes shall also be kept of all proceedings, but a transcript need not be made.

 

(B)  Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the county for at least two years.

(Ord. passed 12-15-97)

 

 

§ 151.555  WRITTEN DECISION.

 

(A) Any decision made by the Board of Adjustment or Board of Commissioners regarding an appeal or variance or issuance or revocation of a conditional use permit or special use permit shall be reduced to writing and mailed by certified mail return receipt requested to the applicant or appellant and all other persons who make a written request for a copy.

 

(B)  In addition to a statement of the Board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the Board's findings and conclusions, as well as supporting reasons or facts, whenever this chapter requires the same as a prerequisite to taking action.

(Ord. passed 12-15-97)

 

 

 

ENFORCEMENT AND REVIEW

 

 

§ 151.565  COMPLAINTS REGARDING VIOLATIONS.

 

Whenever the Administrator receives a written, signed complaint alleging a violation of this chapter, he or she shall investigate the complaint, take whatever action is warranted and inform the complainant in writing what actions have been or will be taken.

(Ord. passed 12-15-97)


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§ 151.566  PERSONS LIABLE.

 

The owner, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(Ord. passed 12-15-97)

 

 

§ 151.567  PROCEDURES UPON DISCOVERY OF VIOLATIONS.

 

(A) (1)  If the Administrator finds that any provision of this chapter is being violated, he or she shall serve written notice to the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it.

 

(2)  Additional written notices may be sent at the Administrator's discretion.

 

(B)  The final written notice, and the initial written notice may be the final notice, shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the Administrator's decision or order may be appealed to the Board of Adjustment in accordance with §§ 151.530 through 151.536.

 

(C)  In cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in § 151.568.

(Ord. passed 12-15-97)

 

 

§ 151.568  PENALTIES AND REMEDIES FOR VIOLATIONS.

 

(A) Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special use or conditional use permits, shall constitute a misdemeanor, punishable by a fine of up to $500 or a maximum 30 days imprisonment, as provided in G.S. § 14‑4.

 

(B)  Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special use or conditional use permits, shall also subject the offender to a civil penalty of $100 for each day the violation continues.  If the offender fails to pay this penalty within ten days after being cited for a violation, the penalty may be recovered by the county in a civil action in the nature of debt.  A civil penalty may not be appealed to the Board of Adjustment if the offender was sent a final notice of violation in accordance with § 151.567 and did not take an appeal to the Board of Adjustment within the prescribed time.


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(C)  This chapter may also be enforced by any appropriate equitable action.

 

(D) Each day that any violation continues after notification by the Administrator that the violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.

 

(E)  Any one, all or any combination of the foregoing penalties and remedies may be used to enforce this chapter.

(Ord. passed 12-15-97)

 

 

§ 151.569  PERMIT REVOCATION.

 

(A) A zoning, special use or conditional use permit may be revoked by the permit issuing authority, in accordance with the provisions of this section, if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter or any additional requirements lawfully imposed by the permit issuing board.

 

(B)  Before a conditional use or special use permit may be revoked, all of the notice and hearing and other requirements of §§ 151.550 through 151.555 shall be complied with.  The notice shall inform the permit recipient of the alleged grounds for the revocation:

 

(1)  The burden of presenting evidence sufficient to authorize the permit issuing authority to conclude that a permit should be revoked for any of the reasons set forth in division (A) above shall be upon the party advocating that position.  The burden of persuasion shall also be upon that party.

 

(2)  A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.

 

(C)  Before a zoning permit may be revoked, the Administrator shall give the permit recipient ten days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his or her right to obtain an informal hearing on the allegations. If the permit is revoked, the Administrator shall provide to the permittee a written statement of the decision and the reasons therefor.

 

(D) No person may continue to make use of land or buildings in the manner authorized by any zoning, special use or conditional use permit after the permit has been revoked in accordance with this section.

(Ord. passed 12-15-97)


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§ 151.570  JUDICIAL REVIEW.

 

(A) Every decision of the Board of Commissioners granting or denying a special use permit and every final decision of the Board of Adjustment shall be subject to review by the Superior Court of the county by proceedings in the nature of certiorari.

 

(B)  The petition for the writ of certiorari must be filed with the County Clerk of Court within 30 days after the later of the following occurrences:

 

(1)  A written copy of the Board's decision has been filed in the office of the Administrator; and

 

(2)  A written copy of the Board's decision has been delivered, by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for the copy at the hearing of the case.

 

(C)  A copy of the petition for writ of certiorari shall be served upon the county.

(Ord. passed 12-15-97)

 

 

 

AMENDMENTS

 

 

§ 151.580  AMENDMENTS IN GENERAL.

 

(A) Amendments to the text of this chapter or to the zoning map may be made in accordance with the provisions of this subchapter.

 

(B)  For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

MAJOR MAP AMENDMENT.  An amendment that addresses the zoning district classification of five or more tracts of land in separate ownership or any parcel of land, regardless of the number of lots or owners, in excess of 50 acres.  All other amendments to the zoning district map shall be referred to as MINOR MAP AMENDMENTS.

(Ord. passed 12-15-97)

 

 

§ 151.581  INITIATION OF AMENDMENTS.

 

(A) An amendment to the text of this chapter or to the zoning map may be initiated by the Board of Commissioners, the Planning Board, the Administrator or any other interested person.


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(B)  Any petition for rezoning property must be signed by the petitioner who shall indicate the capacity in which he or she filed the petition.  In the event the party filing the petition is someone filing the same on behalf of the owner, the party shall attach his or her authority to execute the petition on behalf of the owner to the petition.

 

(C)  Notice of the Board of Commissioners's consideration of a proposed minor map amendment shall be sent to the owner of the property to be rezoned and to adjoining property owners as provided in § 151.583.

 

(D) Unless the Board of Commissioners find that there have been substantial changes in conditions or circumstances bearing on the application, the county shall not accept for consideration a petition for a text or map amendment:

 

(1)  Within one year prior to the date the petition is submitted, the Board of Commissioners has denied a previous rezoning request for the same property or has approved a rezoning to a more restrictive classification than requested or the applicant has withdrawn a previous request after consideration of the request by the Planning Board; or

 

(2)  Within one year prior to the date the petition is submitted, the Board of Commissioners has denied a substantially similar request for a text amendment.

 

(E)  No property will be accepted for a rezoning request within any zoning district unless and until an appropriate certification from the local Health Department has been obtained and submitted along with the application for rezoning.

(Ord. passed 12-15-97)

 

 

§ 151.582  PLANNING BOARD CONSIDERATION OF PROPOSED AMENDMENTS.

 

(A) Every proposed map or text amendment shall be referred to the Planning Board for its consideration.

 

(B)  The applicant will provide a mailed notice to all adjacent property owners within 150 feet of the subject property at least ten days prior to the Planning Board meeting at which the request is to be heard.  Proof of mailing shall be furnished to the Planning Department.

 

(C)  The Planning Board shall endeavor to review the proposed amendment in a timely fashion that any recommendations it may have can be presented to the Board at the public hearing on the amendment.  However, if the Planning Board is not prepared to make recommendations at the public hearing, it may request the Board to delay final action on the amendment until the time as the Planning Board can present its recommendations.


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(D) The Board of Commissioners may not take final action approving a proposed amendment until it has received the recommendation of the Planning Board or until 60 days have passed since the Planning Board's initial hearing on the request where the applicant or authorized representative is in attendance, whichever occurs first.  However, the Board of Commissioners are not bound by the recommendations, if any, of the Planning Board.

(Ord. passed 12-15-97)

 

 

§ 151.583  HEARING REQUIRED; NOTICE.

 

(A) No ordinance that amends any of the provisions of this chapter, including the zoning map, may be adopted until a public hearing has been held on the ordinance.

 

(B)  (1)  The Administrator shall publish a notice of the public hearing on any request that amends the provisions of this chapter, including the zoning map, once a week for two successive weeks in a newspaper having general circulation in the county.

 

(2)  The notice shall be published for the first time not less than ten days nor more than 25 days before the date fixed for the hearing.  In computing this period, the date of publication shall not be counted but the date of the hearing shall be.

 

(C)  With respect to minor map amendments, the Administrator shall mail written notice of the public hearing to the record owners for tax purposes of all properties whose zoning classification is changed by the proposed amendment as well as the owners of all properties any portion of which is within 150 feet of the property rezoned by the amendment.  The person mailing the notices shall certify the fact of the mailing to the Board of Commissioners.

 

(D) The planning staff shall also post notices of the public hearing in the vicinity of the property rezoned by a proposed minor map amendment and may take any other action deemed by the planning staff to be useful or appropriate to give notice of the public hearing on any amendment.

 

(E)  The notice required or authorized by this section shall:

 

(1)  State the date, time and place of the public hearing;

 

(2)  Summarize the nature and character of the proposed change;

 

(3)  If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment;

 

(4)  State that the full text of the amendment can be obtained from the Planning Department; and


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(5)  State that substantial changes in the proposed amendment may be made following the public hearing.

 

(F)  The Administrator shall make every reasonable effort to comply with the notice provisions set forth in this section.  However, it is not the Board's intention that failure to comply with any of the notice provisions that are not statutorily required shall render any amendment invalid.

(Ord. passed 12-15-97)

 

 

§ 151.584  BOARD ACTION ON AMENDMENTS.

 

(A) At the conclusion of the public hearing on a proposed amendment, the Board may proceed to vote on the proposed ordinance, defer action to a subsequent meeting or take any other action consistent with its usual rules of procedure.

 

(B)  The Board is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.

 

(C)  Voting on amendments to this chapter shall proceed in the same manner as other ordinances.

(Ord. passed 12-15-97)

 

 

§ 151.585  ULTIMATE ISSUE BEFORE BOARD ON AMENDMENTS.

 

(A) In deciding whether to adopt a proposed amendment to this chapter, the central issue before the Board is whether the proposed amendment advances the public health, safety or welfare.

 

(B)  All other issues are irrelevant and all information related to other issues at the public hearing may be declared irrelevant by the Chairperson and excluded.

 

(C)  In particular, when considering proposed map amendments:

 

(1)  The Board shall not rely upon any representations made by the petitioner that, if the change is granted, the rezoned property will be used for only one of the possible range of uses permitted in the requested classification.  Rather, the Board shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification.

 

(2)  The Board shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at‑large.

(Ord. passed 12-15-97)


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§ 151.586  MAP AMENDMENTS ALONG MAJOR ARTERIALS.

 

Areas zoned for non‑residential purposes along the county's major arterials have been carefully selected, taking into account existing needs and uses.  Additional areas along these major arterials shall not be rezoned to non‑residential districts, except upon an extraordinary showing of public need or demand and then only to expand an adjacent zoning district of the same classification as the district requested.

(Ord. passed 12-15-97)

 

 

 

DEFINITIONS

 

 

§ 151.600  DEFINITIONS OF BASIC TERMS.

 

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

ACCESSORY USE.  A use customarily incidental and subordinate to the principal use of a building and located on the same lot or building.

 

ACREAGE.  Total acreage shall mean gross acres.

 

ADAPTIVE REUSE OF HISTORIC PROPERTY.  Any use of a structure or tract of land that is listed on the National Register of Historic Places, together with surrounding grounds, that would not generally be permissible in the district where the property is located, but which the Board concludes, pursuant to the standards set forth in §§ 151.345 through 151.347, allows the property to be used in a manner that is economically viable while still preserving its historic character.

 

ADJOINING PROPERTY.  When used in connection with a notice requirement under this chapter, this term shall refer to any tract having a border that touches at any point the border of the property that the subject of a proposed permit, appeal, variance or rezoning, as well as any tract that would have a common border point with the subject property if one were to disregard:

 

(1)  Any intervening street or other public or utility right‑of‑way; and

 

(2)  Any intervening property that is under the same ownership as the subject property.

 

ADMINISTRATOR.  The County Planning Director or other designee whose responsibility is to enforce the regulations contained within this chapter.


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AGRIBUSINESS.  A commercial operation that:

 

(1)  Involves the processing or distribution of farm products or the sale or repairs of farm machinery, equipment or supplies; and

 

(2)  Is not otherwise specifically listed in the table of § 151.334.

 

AGRICULTURAL LAND.  Including the woodland and wasteland which form a contiguous part thereof constituting a farm unit.

 

AIRCRAFT.  Any contrivance used or designed for navigation of or flight in the air by one or more persons.

 

AIRPORT.  An area of land or water that is designed or used on a recurring basis for the landing and take‑off of aircraft, except that an airstrip shall not be considered an AIRPORT.

 

AIRSTRIP.  An area of land or water, located on private property, which the owner of the land uses, or authorizes the use of, for the landing and take‑off of:

 

(1)  Not more than two aircraft owned or leased by the owner of the property; or

 

(2)  Aircraft engaged in crop-dusting of land owned or leased by the owner of the property.

 

ANTENNA.  Equipment designed to transmit or receive electronic signals.

 

ARBOR.  A structure with an open roof system providing partial shading and which may also have non‑opaque fencing on the outside perimeter.

 

AREA OF ENVIRONMENTAL CONCERN.  An area designated as such by the State Coastal Resources Commission, pursuant to G.S. § 113A‑113 of the Coastal Area Management Act.

 

AUTOMOBILE REPAIR SHOP OR BODY SHOP.  The repair, rebuilding or reconditioning of motor vehicles or motor vehicle parts, including minor repair, major mechanical and body work, steam cleaning, painting, tire recapping, regrooving and welding.

 

AUTOMOBILE SERVICE STATION.  A retail establishment engaged in selling gasoline, diesel fuel, oil and similar automobile accessories or services and which may conduct the following accessory automobile repair services: muffler service, engine tune‑ups, greasing, brake and radiator repair and electrical service and tire replacement and other minor automobile repairs, excluding body work, major mechanical work, steam cleaning, painting, tire recapping or regrooving and welding.


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BASE FLOOD.  The flood having a 1% chance of being equaled or exceeded in any given year.  Also known as the 100‑YEAR FLOOD.

 

BED AND BREAKFAST.  A use:

 

(1)  That takes place within a building that, before the effective date of this chapter, was designed and used as a single‑family detached dwelling;

 

(2)  That consists of a single dwelling unit together with the rental of one or more dwelling rooms on a daily or weekly basis to tourists, vacationers or similar transients;

 

(3)  Where the provision of meals, if provided at all, is limited to the breakfast meal; and

 

(4)  Where the bed and breakfast operation is conducted primarily by persons who reside within the dwelling unit, with the assistance of not more than the equivalent of one full‑time employee.

 

BILLBOARD.  An off‑premises sign owned by a person, corporation or other entity that engages in the business of selling or leasing the advertising space on that sign.

 

BOARD.  The Board of Commissioners of Camden County.

 

BOARDING HOUSE.  A residential use:

 

(1)  That consists of at least one dwelling unit together with more than two rooms that are rented out or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units;

 

(2)  Where the rooms are occupied by longer term residents (at least month‑to‑month tenants) as opposed to overnight or weekly guests; and

 

(3)  Where the dwelling unit is permanently occupied by the owners or operators of the BOARDING HOUSE.

 

BONA FIDE FARM.  For purposes of this chapter, any tract or tracts of land, one of which must contain at least ten acres which meets the following criteria:

 

(1)  On the property an owner or leasee is actively engaged in a substantial way in the commercial production or growing of crops, plants, livestock or poultry; and

 

(2)  The property has produced or yielded, during each of the three immediately preceding years, a gross income from the above‑described commercial production or growing of crops, plants, livestock or poultry, including payments received under Soil Conservation or Land Retirement Programs, but not land rents paid to a non‑resident owner, of at least $1,000.

 


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BUFFER STRIP.  A strip of land which by width or vegetation or fencing or a combination of these protects adjoining properties from incompatible views, noises, fumes, lighting and other disturbances.

 

BUILDING.  A structure having a roof and designed to be used as a place of occupancy, indoor employment, storage or shelter.

 

BUILDING, ACCESSORY.  A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.

 

BUILDING, PRINCIPAL.  The primary building on a lot or a building that houses a principal use.

 

BUILDING SETBACK LINE.  As used in this chapter, the distance between the nearest position of any building and a street or highway right‑of‑way line when measured perpendicularly thereto.

 

CAMP.  A temporary shelter (cabin, tent or camper) or open air area where one or more persons camp.

 

CAMPER.  A portable dwelling (as a special equipped trailer or automobile vehicle) for use during casual travel and camping (see also MANUFACTURED HOUSING).

 

CAMPING.  To live temporarily in a camp or outdoors.

 

CERTIFY.  Whenever this chapter requires that some agency certify the existence of some fact or circumstance to the county, the county may require that the certification be made in any manner that provides reasonable assurance of the accuracy of the certification.  By way of illustration, and without limiting the foregoing, the county may accept certification by telephone from some agency when the circumstances warrant it or the county may require that the certification be in the form of a letter, sealed certification or other document.

 

CHILD CARE HOME.  A home for not more than nine orphaned, abandoned, dependent, abused or neglected children, together with not more than two adults who supervise the children, all of whom live together as a single housekeeping unit.

 

CHILD CARE INSTITUTION.  An institutional facility housing more than nine orphaned, abandoned, dependent, abused or neglected children.

 

CIRCULATION AREA.  The portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot.  Essentially, driveways and other maneuvering areas, other than parking aisles, comprise the circulation area.


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COMBINATION USE.  A use consisting of a combination on one lot of two or more principal uses separately listed in the table of § 151.334.  Under some circumstances, a second principal use may be regarded as accessory to the first and thus a combination use is not established. In addition, when two or more separately owned or separately operated enterprises occupy the same lot and all enterprises fall within the same principal use classification, this shall not constitute a combination use.

 

COMMUNITY SERVICE FACILITY.  Includes, but is not limited to facilities for the provision of water, sewer, transportation, law enforcement, fire prevention and suppression, telecommunications and any other public service provided to the community by the county or other governmental agency.

 

CONDITIONAL USE PERMIT.  A permit issued by the Board of Adjustment that authorizes the recipient to make use of property in accordance with the requirements of this chapter, as well as any additional requirements imposed by the Board of Adjustment.

 

CONDOMINIUM.  A building or group of buildings in which dwelling units, offices or floor area are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional undivided basis.

 

CONVENIENCE STORE.  A one story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase only a relatively few items, in contrast to a supermarket.  It is designed to attract and depends upon a large volume of “stop and go” traffic.  Illustrative examples of convenience stores are those operated by the “Fast Fare,” “7‑11” and “Pantry” chains.

 

COUNTY.  Camden County, North Carolina.

 

DANCE HALLS, BARS and NIGHTCLUBS.  An establishment whose principal business involves facilities providing live or recorded music and as part of the business involves the sale of food and beverage for consumption on the premises, and which, as part of its regular method of operation, allows into the establishment a number of patrons or customers which exceeds by 25% or more the seating capacity provided in the establishment.  This definition shall not include DANCE HALLS, BARS or NIGHTCLUBS that are an accessory use to a full service restaurant, hotel or similar use which shall be subject to the provisions of the principal use.

 

DAY-CARE CENTER.  As defined in G.S. § 110‑86(3), as well as a center providing day care on a regular basis for more than two hours per day for more than five senior citizens or children.

 

DEVELOPER.  A person who is responsible for any undertaking that requires a zoning permit, special use permit, conditional use permit or sign permit.

 

DEVELOPMENT.  That which is to be done pursuant to a zoning permit, special use permit, conditional use permit or sign permit.

 

DIMENSIONAL NONCONFORMITY.  A nonconforming situation that occurs when the  height, size or minimum floor space of a structure or the relationship between an existing building or buildings

 

2003 S‑2


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and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

 

DRIPLINE.  A perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.

 

DRIVEWAY.  The portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not a part of the vehicle accommodation.

 

DUPLEX.  Same as RESIDENCE, DUPLEX.

 

DWELLING UNIT.  An enclosure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.

 

EXPENDITURE.  A sum of money paid out in return for some benefit or to fulfill some obligation.  The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in positions.

 

FAMILY.  One or more persons living together as a single housekeeping unit and who are related to each other by blood, adoption or marriage.

 

FAMILY CARE HOME FOR THE AGED.  An establishment with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six residents who are elderly and who do not otherwise fit the definition of handicapped as found in G.S. § 168‑21.

 

FAMILY CARE HOME FOR THE HANDICAPPED.  An establishment with support and  supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six residents who are handicapped.

 

FEDERAL INSURANCE RATE MAP or FIRM.  An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

 

FLAG LOT.  An irregularly shaped lot where the buildable portion of the lot is connected to its street frontage by an arm.  Further, in cases where a minimum lot width is prescribed, the arm is less than the presumptive minimum required lot width.

 

FLEA MARKETS.  An open air market for second hand articles and antiques where booths or spaces may or may not be rented to individuals to conduct sales from tables, from the back of vehicles or from covers spread on the ground which general location is used for the purposes for more than three days during any 90-day period.

 

FLOOD INSURANCE STUDY.  The official report provided by the Federal Emergency Management Agency containing flood profiles and the water surface elevation of the base flood.

 

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FLOODPLAIN.  Any land area susceptible to being inundated by water from the base flood. As used in this chapter, the term refers to that area designated as subject to flooding from the base flood, 100-year flood, on the flood insurance rate map, prepared by the Federal Emergency Management Agency and dated November 1, 1984, and also November 18, 1991, as revised, a copy of which is on file in the Administrator's office.  This area shall comprise the floodplain overlay zoning district established in this chapter.

 

FLOODWAY.  The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

 

FLOOR.  The top surface of an enclosed area in a building, including basement, such as, top of

slab in concrete slab construction or top of wood flooring in frame construction.  The term does not include the floor of a garage used solely for parking vehicles.

 

FLOOR, LOWEST.  The lowest floor of the lowest enclosed area, including basement.  An unfurnished or flood resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor provided that the enclosure is not built so as to render the structure in violation of the applicable non‑elevation design requirements of this chapter.

 

FLORIDA ROOM.  A prefabricated room designed and manufactured specifically for mobile homes.

 

GARAGE SALES.  A sale conducted by a occupant of a residence alone or in cooperation with neighbors conducted for the purpose of selling surplus household items for profit or for charitable purposes.  The sales are usually conducted from a garage associated with the residence or from the yard of the residence.  GARAGE SALES may be distinguished from flea markets by the number of days of sale during a 90-day period.  GARAGE SALES and YARD SALES may not be conducted at the same location more than three days for any 90-day period.

 

GROSS FLOOR AREA.  The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

 

HALFWAY HOUSE.  A home for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to the persons, all of whom live together as a single housekeeping unit.

 

HANDICAPPED, AGED OR INFIRM HOME.  A residence within a single dwelling unit  for at least seven, but not more than nine persons who are physically or mentally handicapped or infirm, together with not more than two persons providing care or assistance to the persons, all living together


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as a single housekeeping unit.  Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment.

 

HANDICAPPED, AGED OR INFIRM INSTITUTION.  An institutional facility housing and providing care or assistance for more than nine persons who are physically or mentally handicapped or infirm.  Persons residing in the homes, including the aged or disabled, principally need residential care rather than medical treatment.

 

HANDICAPPED PERSON.  A person with a temporary or permanent physical, emotional or mental disability including, but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments but not including mentally ill persons who are dangerous to others. DANGEROUS TO OTHERS means that within the recent past, the individual has inflicted or attempted to inflict or threatened to inflict serious bodily harm on another or has acted in a way as to create a substantial risk of serious bodily harm to another or has engaged in extreme destruction of property and that there is reasonable probability that this conduct will be repeated.  Previous episodes of dangerousness to others, when applicable, may be considered when determining reasonable probability of future dangerous conduct.

 

HEIGHT.  The vertical distance measured from the finished grade surrounding the building to the highest point of the building provided that the highest point of the finished grade shall not be calculated to be more than six inches above the natural grade.

 

HIGHEST ADJACENT GRADE.  The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure.

 

HIGH VOLUME TRAFFIC GENERATION.  All uses in the 2.000 classification other than low volume traffic generation uses.

 

HOME OCCUPATION.

 

(1)  A commercial activity conducted by a person on the same lot, in a residential district, where the person resides and that can be conducted without any significantly adverse impact on the surrounding neighborhood.

 

(2)  The following is a non‑exhaustive list of examples of enterprises that may be HOME OCCUPATIONS:

 

(a)  The office or studio of a physician, dentist, artist, musician, lawyer, architect, engineer, teacher or similar professional;

 

(b)  The office of an electrician, plumber, carpenter, contractor or other person employed in a similar trade;


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(c)  Workshops, greenhouses or kilns,

 

(d)  Tailoring or hairdressing studios.

 

HORTICULTURAL LAND.  Agricultural land.

 

HOTELS and MOTELS.  A building or group of buildings wherein temporary lodging is provided on a regular basis to persons who seek to rent rooms or dwelling units on a day‑to‑day basis, except that the following are excluded from this definition:

 

(1)  Tourist homes;

 

(2)  Bed and breakfast establishments;

 

(3)  Single‑family and two‑family residences, regardless of the basis on which they are rented; and

 

(4)  Multi‑family residences unless at least 10% of the dwelling units within a multi‑family development are regularly rented or offered for rent on a day‑to‑day basis.

 

HUNTING AND FISHING LODGES.  An enterprise consisting of one or more buildings wherein there are located not more than 15 lodging units designed to provide short term accommodations primarily to persons intending to participate in hunting or fishing activities.  A HUNTING AND FISHING LODGE may not operate a restaurant open to the general public in connection with or on the same premises as the lodge, if a restaurant is so operated, the enterprise must be classified as a hotel or motel.

 

INCINERATOR.  A furnace or container for the purpose of burning waste or non-waste materials.

 

INTERMEDIATE CARE HOME.  A facility maintained for the purpose of providing accommodations for not more than seven occupants needing medical care and supervision at a lower level than that provided in a nursing care institution, but at a higher level than that provided in institutions for the handicapped or infirm.

 

INTERMEDIATE CARE INSTITUTION.  An institutional facility maintained for the purpose of providing accommodations for more than seven persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.

 

JUNKYARD.  A lot, land or structure or part thereof, used primarily for the collecting, processing, storage and/or sale of salvage paper, animal hides, rags, rubber, glass, scrap metal, lumber or other


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building materials or for the dismantling of parts thereof.  Any lot with more than two vehicles stored without current registration plates or having an amount of trash, either burnable or nonburnable, considered as excessive in the judgment of the Administrator shall be classified as a JUNKYARD and will require the appropriate zoning and permits.

 

KENNEL.

 

(1)  A commercial operation that:

 

(a)  Provides food and shelter and care of animals for purposes not primarily related to medical care; a kennel may or may not be run by or associated with a veterinarian; or

 

(b)  Engages in the breeding of animals for sale.

 

(2)  Incidental breeding and offering the resultant litter for sale shall not constitute the operation of a KENNEL.

 

LANDFILL, DEMOLITION.  A tract of land used as a permanent dumping place for  stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth or similar materials that are generated by the construction or demolition process.  A DEMOLITION LANDFILL is differentiated from a reclamation landfill in that the primary purpose of the latter is to raise the elevation of the land and no stumps, limbs or other biodegradable materials are allowed in a reclamation landfill.

 

LANDFILL, RECLAMATION.  An operation consisting of the dumping of dirt, sand, gravel, rocks, concrete or similar materials that are not biodegradable on a tract of land for the purpose of raising the elevation of the land.

 

LANDFILL, SANITARY.  A tract of land used as a permanent dumping place for garbage, trash and other miscellaneous types of solid waste, whether or not such wastes are biodegradable.

 

LOADING AND UNLOADING AREA.  See § 151.120.

 

LOT.  A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title:

 

(1)  If a public body or any authority with the power of eminent domain condemns, purchases or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition or a private road is created across a parcel of land otherwise characterized as a lot by this definition and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot; and


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(2)  Subject to § 151.362, the permit issuing authority and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this chapter.

 

LOT AREA.  The total area circumscribed by the boundaries of a lot, except that:

 

(1)  When the legal instrument creating a lot shows the boundary of the lot extending into a public street right‑of‑way then the lot boundary for purposes of computing the lot  area shall be the street right‑of‑way line or if the right‑of‑way line cannot be determined, then an approximation of the right‑of‑way shall be determined in accordance with the provisions of § 151.063;

 

(2)  Dedicated rights‑of‑way or easements, whether public or private, intended for vehicular and/or pedestrian access shall not be included in lot area; and

 

(3)  Land under water or regularly under water, as described in § 151.060, shall not be counted towards the lot area.

 

LOT, CORNER.  A lot which has frontage on two or more intersecting streets.

 

LOT COVERAGE.  Lot coverage shall be defined as that area covered by principal and accessory structures, decks, walkways, pools, stairs and other impervious areas, excluding parking lots and other vehicular areas.

 

LOT DEPTH.  The depth of a lot is the mean distance of the side lines of the lot measured from the midpoint of the front lot line to midpoint of the rear lot line.

 

LOT OF RECORD.  A lot which is a part of an approved subdivision, a plat of which has been recorded in the Office of the Register of Deeds of the county or a lot described by metes and bounds the description of which has been so recorded and which at the time of recordation and the time it was originally subdivided met all applicable subdivision and zoning regulations then in effect. In addition, this definition shall include lots for which a plat and/or deed is recorded in the Office of the Register of Deeds and the lot was created prior to the adoption of the county's first subdivision regulations or a lot upon which an existing structure is located provided a valid building permit was  obtained for the construction or a lot which at the time of creation met all subdivision and zoning requirements provided a plat is approved by the Administrator and recorded with the Register of Deeds containing a certification as to having met the then existing regulations in effect.

 

LOT WIDTH.  The distance between side lot lines measured at the front building set‑back line.

 

LOW VOLUME TRAFFIC GENERATION.  Uses such as furniture stores, carpet stores, major appliance stores and the like that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items.


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MAIN TRAVELED ROADWAY.  The principal traveled way of a highway on which through traffic is earned.  In the case of a divided highway, the traveled way of each of the separate roadways for traffic in opposite directions is a main traveled roadway.  Not included are such facilities as frontage roads, turning roads or parking areas.

 

MARINAS.  Any publicly or privately owned dock, basin or wet boat storage facility constructed to accommodate more than ten boats and which provides any of the following services:  permanent or transient docking spaces, dry storage, fueling facilities, haul out facilities and repair service.  Excluded from this definition are boat ramp facilities allowing access only, temporary docking and none of the preceding services.  MARINAS for ten boats or less shall be classified as privately-owned outdoor recreation facilities, use category #6.210.

 

MINING.  The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores or other solid manner.  Any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, soils and other solid manner from its original location.  The preparation, washing, cleaning, other treatment of minerals, ores or other solid matter so as to make them suitable for commercial, industrial or construction use.

 

MOBILE HOME.  A dwelling unit that:

 

(1)  Is not constructed in accordance with the standards set forth in the State Building Code;

 

(2)  Is composed of one or more components each of which were substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; and

 

(3)  Exceeds 40 feet in length including the tongue and 8 feet in width.

 

MOBILE HOME, CLASS A.  A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:

 

(1)  The home has a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis;

 

(2)  The pitch of the home's roof has a minimum vertical rise of 2 2/10 feet for each 12 feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;

 

(3)  The exterior siding consists of wood, hardboard, vinyl or aluminum (or covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;


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(4)  A continuous, permanent masonry curtain wall, unpierced, except for required ventilation and access, is installed under the home after placement on the lot and before final occupancy, if placed outside of a mobile home park or mobile home subdivision;

 

(5)  The tongue, axles, transporting lights and removable towing apparatus are removed after placement on the lot and before final occupancy, if placed outside of a mobile home park or mobile home subdivision;

 

(6)  All roof structures shall provide an eave projection of no less than six inches, which may include the gutter; and

 

(7)  The manufactured home, stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed in accordance with the standards set by the State Department of Insurance and the State Building Code.

 

MOBILE HOME, CLASS B.  A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, but that does not satisfy the criteria necessary to qualify the house as a Class A mobile home.

 

MOBILE HOME, CLASS C.  Any mobile home that does not meet the definitional criteria of a Class A or Class B mobile home. Class C mobile homes are mobile homes constructed prior to July 1, 1976, and may not be relocated within any zoning district, but may be relocated to an established mobile home park or mobile home subdivision within the county.  CLASS C MOBILE HOMES are further defined as including only those mobile homes located within the boundaries of the county as of January 1, 1998.  No CLASS C MOBILE HOME from an area outside the county shall be permitted in the county after the effective date of this chapter.

 

MOBILE HOME PARK.  A residential use in which more than one mobile home is located on a single lot, tract or parcel of land.

 

MOBILE HOME SUBDIVISION, EXISTING.

 

(1)  A subdivision that:

 

(a)  Was in existence prior to the effective date of this chapter and contained 60% Class B mobile homes; or

 

(b)  Received either Preliminary or Final Plat approval prior to the effective date of this chapter and was platted or intended to be platted as a mobile home park subdivision.

 

(2)  Mobile home park subdivisions shall include, but are not limited to:  Lamb's  MHP, Powell's Trailer Park and Croom Acres.


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MODULAR HOME.  A dwelling unit constructed in accordance with the standards set forth in the State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.  Among other possibilities, a modular home may consist of two or more sections transported to the site in a manner similar to a mobile home, except that the modular home meets State Building Code, or a series of panels or room sections transported on a truck and erected or joined together on the site.

 

MOTOR VEHICLE.  Every self propelled vehicle designed to run upon the highways and every vehicle designed to run upon the highways that is pulled by a self-propelled vehicle.

 

NONCONFORMING LOT.  A lot existing at the effective date of this chapter, and not created for the purposes of evading the restrictions of this chapter, that does not meet the minimum area requirement of the district in which the lot is located, except that such a lot created pursuant to a provision of this or any prior ordinance allowing the creation of lots smaller than normal minimums shall not constitute a nonconforming lot.

 

NONCONFORMING PROJECT.  Any structure, development or undertaking that is incomplete on the effective date of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.

 

NONCONFORMING SIGN.  A sign that on the effective date of this chapter does not conform to one or more of the regulations set forth in this chapter, particularly §§ 151.415 through 151.418.

 

NONCONFORMING SITUATION.  A situation that occurs when on the effective date of this chapter an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located.  Among possibilities are: a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this chapter, because signs do not meet the requirements of §§ 151.415 through 151.418 or because land or buildings are used for purposes made unlawful by this chapter.

 

NONCONFORMING STRUCTURE.  Any structure which does not conform to the regulation of structures for this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments which may be incorporated into this chapter, but was either conforming or not subject to regulation previously.

 

NONCONFORMING USE.  A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located.  For example, a commercial office building in a residential district may be a NONCONFORMING USE.  The term also refers to the activity that constitutes the use made of the property.  For example, all the activity associated with running a bakery in a residentially zoned area is a NONCONFORMING USE.


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NURSING CARE HOME.  A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than nine persons.

 

NURSING CARE INSTITUTION.  An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine persons.

 

OPEN SPACE.  An area that is used to provide for either environmental, buffer, scenic or recreational purposes. Open space shall be subject to the provisions found in §§ 151.195 through 151.200.

 

OWNER.  The person firm or organization in whom is vested the ownership, dominion or title of property.  The person firm or organization who is recognized and held responsible by the law as the owner of property.

 

PACKAGE TREATMENT PLANT.  A privately- or publicly-owned facility, other than a conventional residential septic tank system, that is constructed for the purpose of treating sewage and discharging treated effluent.

 

PARKING AREA.  The portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

 

PARKING SPACE.  A portion of the vehicle accommodation area set for the parking of one vehicle.

 

PERSON.  An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization or other entity acting as a unit.

 

PRIVATE ROAD.  A road or way for the use of private individuals.

 

PROPERTY OWNERS.  Those listed as owners of property on the records in the County Tax Office.

 

PUBLIC WATER SUPPLY SYSTEM.  Any water supply system furnishing potable water to ten or more dwelling units or businesses or any combination thereof.

 

RECEIVE‑ONLY EARTH STATION.  An antenna and attendant processing equipment for reception of electronic signals from satellites.

 

RECREATIONAL VEHICLE.  A motor vehicle that is designed for temporary use as sleeping quarters but that does not satisfy one or more of the definitional criteria of a mobile home.


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RESIDENCE, DUPLEX.  A two‑family residential use in which the dwelling units share a common wall, including without limitation the wall of an attached garage or porch, and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance.

 

RESIDENCE, MULTI‑FAMILY.  A residential use consisting of a building containing three or more dwelling units.  For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall, even the wall of an attached garage or porch.

 

RESIDENCE, MULTI‑FAMILY AND TWO‑FAMILY CONVERSION.  A multi‑family residence that contains not more than nine bedrooms, not more than six dwelling units and results from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence prior to January 1, 1998.

 

RESIDENCE, MULTI‑FAMILY APARTMENTS.  A multi‑family residential use other than a multi‑family conversion or multi‑family townhouse.

 

RESIDENCE, MULTI‑FAMILY TOWNHOUSE.  A multi‑family residential use in which  each dwelling unit shares a common wall, including without limitation the wall of an attached garage or porch, with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance.

 

RESIDENCE, PRIMARY WITH ACCESSORY APARTMENT.  A residential use having the external appearance of a single‑family residence but in which there is located a second dwelling unit that comprises not more than 25% of the gross floor area of the building nor more than a total of 750 square feet.

 

RESIDENCE, SINGLE‑FAMILY DETACHED, ONE DWELLING UNIT PER LOT.  A residential use consisting of a single detached building containing one dwelling unit and located on a lot containing no other dwelling units.

 

RESIDENCE, TWO‑FAMILY.  A residential use consisting of a building containing two dwelling units.  If two dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one building.

 

RESIDENCE, TWO‑FAMILY APARTMENT.  A two‑family residential use other than a  duplex, two‑family conversion or primary residence with accessory apartment.

 

RESIDENT MANAGER/CARETAKER DWELLING.  A single‑family dwelling (use #1.111  and 1.112) occupied by someone who owns or is a manager/caretaker of a non-residential use for the purpose of protecting the use.

 

RESTAURANT, DRIVE‑IN.  Restaurant where food is purchased by motorist from inside their vehicle to be consumed off the premises or on the premises.


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ROAD.  A highway or a open way for public or private passage; a strip of land appropriated and used for purposes of travel and transportation between different places.

 

ROAD, PUBLIC.  A road or way established and adopted, or accepted as a dedication, by the proper authorities for the use of the general public and over which every person has a right to pass and to use it for all purposes of travel and transportation to which it is adapted and devoted.

 

ROOMING HOUSE.  A residential use:

 

(1)  That consists of at least one dwelling unit together with more than two rooms that are rented out or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units;

 

(2)  Where the rooms are occupied by short term residents, less than month‑to‑month tenants, as opposed to overnight or weekly guests; and

 

(3)  Where the dwelling unit is permanently occupied by the owners or operators of the boarding house.

 

SAND‑LINED TRENCH WASTE WATER TREATMENT SYSTEMS.  A method of disposing of wastewater where unsuitable soils are removed and replaced with sandy or suitable soils to allow for proper infiltration.  These systems are installed under the authority of the PPCC District Health Department.

 

SHOPPING CENTER.  A group of commercial establishments planned, developed and/or managed as a unit with off‑street parking provided on the property that is located on a tract of land at least four acres in area.  A group of commercial establishments that are located on a tract of land less than four acres in area shall be subject to the standards established for the district in which they are located and the combination use requirements of this chapter.

 

SIGN.  Any device that:

 

(1)  Is sufficiently visible to persons not located on the lot where the device is located to accomplish either of the objectives set forth in subdivision two of this definition; and

 

(2)  Is designed to attract the attention of the persons or to communicate information to them.

 

SIGN EXTERNALLY ILLUMINATED.  A sign lighted by an external source that casts light on the face of the sign.


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SIGN, FREESTANDING.  A sign that is attached to, erected on or supported by some structure, such as pole, mast, frame or other structure, that is not itself an integral part of a building or other structure whose principal function is something other than the support of a sign.  A sign that stands without supporting elements, such as sandwich sign, is also a FREESTANDING SIGN. If the message is removed from a structure that was originally designed and used as a sign, this structure shall still be considered a sign.

 

SIGN, INTERNALLY ILLUMINATED.  Sign where the source of the light is inside the sign and light emanates through the message of the sign, rather than being reflected off of the face of the sign.

 

SIGN, NONCONFORMING.  Any sign that does not meet one or more of the requirements of this chapter as of the effective date of this chapter.

 

SIGN, OFF‑PREMISE.  Any sign that directs one's attention to a service, commodity, entertainment or business that is offered elsewhere than on the premise where the sign is displayed.

 

SIGN, ON‑PREMISE.  Any sign that directs one's attention to a service, commodity, entertainment or business offered on the premise where the sign is located.

 

SIGN PERMIT.  A permit issued by the Administrator that authorizes the recipient to erect, move, enlarge or substantially alter a sign.

 

SIGN, PORTABLE.  A sign that rests on the ground or another surface, but that is not bolted to or otherwise affixed to the ground or a permanent structure in some other substantially permanent way.

 

SIGN, TEMPORARY.  A sign that:

 

(1)  Is used in connection with a circumstance, situation or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign; or

 

(2)  Is intended to remain on the location where it is erected or placed for a period of not more than 15 days.  If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

 

SPECIAL EVENTS.  Circuses, fairs, carnivals, festivals or other types of special events that:

 

(1)  Run for longer than one day, but not longer than two weeks;

 

(2)  Are intended to or likely to attract substantial crowds; and

 

(3)  Are unlike the customary or usual activities generally associated with the property where the special event is to be located.


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SPECIAL USE PERMIT.  A permit issued by the Board of Commissioners that authorizes the recipient to make use of property in accordance with the requirements of this chapter, as well as any additional requirements imposed by the Board of Commissioners.

 

STREET.  A public street or a street with respect to which an offer of dedication has been made.

 

STREET, ARTERIAL.  A street whose principal function is to carry large volumes of traffic at higher speeds through the county or from one part of the county to another.  Specifically, the following streets shall be considered arterials:  US 158, US 168 and NC 343.

 

STREET, ARTERIAL ACCESS.  A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.

 

STREET, COLLECTOR.  A street whose principle function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.  It generally serves or is designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used or is used to carry more than 800 trips per day.

 

STREET, CUL‑DE‑SAC.  A street that terminates in a vehicular turnaround.

 

STREET, LOCAL.  A street whose primary function is to provide access to abutting properties.  It generally serves or is designed to serve less than 100 dwelling units and handles less than 800 trips per day.

 

STREET, LOOP.  A street that has its beginning and points on the same road.

 

STREET, MAJOR ARTERIAL.  The following arterials that are part of the state's primary road system:  US 158, US 168 and NC 343.

 

STREET, MINOR ARTERIAL.  All arterials other than major arterials.

 

STRUCTURE.  Any form or arrangement of a building or construction materials involving the necessity or precaution of providing proper support, bracing, tying, anchoring or other protection against the pressure of the elements.

 

SUBDIVISION.  The division of a tract of land into two or more lots, building sites or other divisions for the purpose of sale or building development, whether immediate or future, and including all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this chapter:


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(1)  The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the minimum standards set forth in this chapter;

 

(2)  The division of land into parcels greater than ten acres where no street right‑of‑way dedication is involved;

 

(3)  The public acquisition by purchase of strips of land for widening or opening streets;

 

(4)  The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right‑of‑way dedication is involved and where the resultant lots are equal to or exceed the minimum standards set forth in this chapter; or

 

(5)  The gift by a property owner of a single lot to each of the property owner's children or parents where the lot fronts upon a state maintained road, and is large enough to meet all  applicable state and local health codes and all other local ordinances.

 

SUBDIVISION, EXISTING MOBILE HOME.  See MOBILE HOME SUBDIVISION, EXISTING.

 

SUBDIVISION, MAJOR.  Any subdivision other than a minor subdivision, six lots or more.

 

SUBDIVISION, MINOR.  A subdivision that does not involve any of the following:

 

(1)  The creation of more than a total of five lots, including the residual; or

 

(2)  The creation of any new public street.

 

TEMPORARY EMERGENCY, CONSTRUCTION OR REPAIR RESIDENCE.  A residence that is:

 

(1)  Located on the same lot as a residence made uninhabitable by fire, flood or other natural disaster and occupied by the persons displaced by such disaster;

 

(2)  Located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in the permanent residence when the work is completed; or

 

(3)  Located on a non-residential construction site and occupied by persons having construction or security responsibilities over construction site.


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TOURIST HOME.  A use:

 

(1)  That consists of at least one dwelling unit together with one or more rooms that are rented out on a daily or weekly basis (with or without board) to tourists, vacationers or similar transients, but which rooms, individually or collectively, do not constitute separate dwelling units; or

 

(2)  Where the dwelling unit is occupied by the owners or operators of the tourist home business.

 

TOWER.  Any structure whose principal function is to support an antenna.

 

TRACT.  A lot.  The term TRACT is used interchangeably with the term LOT particularly in the context of subdivisions, where one TRACT is subdivided into several LOT.

 

TRAVEL TRAILER.  A structure that is:

 

(1)  Intended to be transported over the streets and highways, either as a motor vehicle or attached to or hauled by a motor vehicle; and

 

(2)  Is for temporary use as sleeping quarters but that does not satisfy one or more of the definitional criteria of a mobile home.

 

UNSUBDIVIDED DEVELOPMENT.  All construction of structures upon land under common singular ownership where such construction does not involve the sale of individual lots or parcels of land and the streets and ways are intended for use by the public or occupants of the development.

 

USE.  The activity or function that actually takes place or is intended to take place on a lot.

 

USE, PRINCIPAL.  A use listed in the table of § 151.334.

 

UTILITY FACILITIES.  Any above or below ground structures or facilities, other than buildings unless the buildings are used as storage incidental to the operation of the structures or facilities, owned by a governmental entity, a non-profit organization, corporation or any entity defined as a public utility for any purpose by specified by G.S. § 62‑3(23) and used in connection with the production, generation, transmission, delivery, collection or storage of water, sewage, electricity, gas, oil or electronic signals.  Excepted from this definition are utility lines and supporting structures listed in § 151.330.

 

UTILITY FACILITIES, COMMUNITY OR REGIONAL.  All utility facilities other than neighborhood facilities.

 

UTILITY FACILITIES, NEIGHBORHOOD.  Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where the facilities are proposed to be located.


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VARIANCE.  A grant of permission by the Board of Adjustment that authorizes the recipient to do that which, according to the strict letter of this chapter, he or she could not otherwise legally do.

 

VEHICLE ACCOMMODATION AREA.  The portion of a lot that is used by vehicles for access, circulation parking and loading and unloading.  It comprises the total of circulation areas, loading and unloading areas and parking areas, spaces and aisles.  Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas.

 

WETLANDS, CAMA.  Those areas of land, marsh or swamp which are frequently saturated or covered with water designated by various state agencies as CAMA Wetlands.

 

WHOLESALE SALES.  On‑premises sales of goods primarily to customers engaged in the business of reselling the goods.

 

WIRELESS TELECOMMUNICATION FACILITIES.  A wireless communication transmission and/or reception devices that is affixed to a structure erected to support the devices.  Included in this definition are lattice towers, monopoles, guyed towers, antennas, arrays, satellite dishes or other structures intended for use in connection with transmission or receipt of radio or television signals or any other spectrum‑based transmissions/receptions.

 

WOODED AREA.  An area of contiguous wooded vegetation where trees are at a density of at least one 6‑inch or greater caliper tree per 325 square feet of land and where the branches and leaves form a contiguous canopy.

 

YARD.  An open space on the same lot with a principal building unoccupied and unobstructed from the ground upward except as otherwise provided herein.

 

YARD SALE.  Same as GARAGE SALE.

 

ZONING PERMIT.  A permit issued by the Administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter.

(Ord. passed 12-15-97; Am. Ord. 2003‑04‑01, passed 5‑5‑03)

 

 

 

 

 

 

 

 

 

 

 

 

 

2003 S‑2


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APPENDIX A:  INFORMATION REQUIRED WITH APPLICATIONS

 

 

Section

 

A‑1 In general

A-2 Written application

A‑3 Development site plans

A‑4 Graphic materials required for plans

A‑5 Existing natural, man‑made and legal features

A‑6 Proposed changes in existing features or new features

A‑7 Documents and written information in addition to plans

A-8 Number of copies of plans and documents

 

 

 

§ A‑1  IN GENERAL.

 

(A) It is presumed that all of the information listed in this appendix must be submitted with an application for a zoning, sign, special use or conditional use permit to enable the permit issuing authority to determine whether the development, if completed as proposed, will comply with all the requirements of this chapter.  As set forth in the chapter, applications for variances are subject to the same provisions. However, the permit‑issuing authority may require more information or accept less sufficient information according to the circumstances of the particular case.  A developer who believes information required by this appendix is unnecessary shall contact the Administrator for an interpretation.

 

(B)  The Administrator shall develop application processes, including standard forms, to simplify and expedite applications for simple developments that do not require the full range of information called for in this appendix.  In particular, developers seeking only permission to construct single‑family or two‑family residences or to construct new or modify existing signs should contact the Administrator for standard forms.

(Ord. passed 12-15-97)

 

 

§ A‑2  WRITTEN APPLICATION.

 

Every applicant for a variance or a zoning, sign, special use or conditional use permit shall complete a written application containing at least the following information:

 

(A) The name, address and phone number of the applicant;

 

(B)  If the applicant is not the owner of the property in question:

 

(1)  The name, address and phone number of the owner; and


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(2)  The legal relationship of the applicant to the owner that entitles the applicant to make application.

 

(C)  The date of the application;

 

(D) Identification of the particular permit sought;

 

(E)  A statement of the nature of the development proposed under the permit or the nature of the variance;

 

(F)  Identification of the property in question by street address and tax map reference;

 

(G) The zoning district within which the property lies;

 

(H) The number of square feet in the lot where the development is to take place;

 

(I)   The gross floor area of all existing or proposed buildings located on the lot where the development is to take place; and

 

(J)   If the proposed development is a two‑family or multi‑family residential development or a common open space subdivision, the number of one, two, three or four bedroom dwelling units proposed for construction.

(Ord. passed 12-15-97)

 

 

§ A‑3  DEVELOPMENT SITE PLANS.

 

Subject to § A‑1, every application for a variance or a zoning, sign, special use, conditional use or major subdivision permit shall contain plans that locate the development site and graphically demonstrate existing and proposed natural, man‑made and legal features on and near the site in question, all in conformity with §§ A‑4 through A‑6 of this appendix.

(Ord. passed 12-15-97)

 

 

§ A‑4  GRAPHIC MATERIALS REQUIRED FOR PLANS.

 

(A) The plans shall include a location map that shows the location of the project in the broad context of the county.  This location map may be drawn on the development site plans or it may be furnished separately using reduced copies of maps of the county available at the Planning Department or Tax Department.


                                                    Unified Development                                               319

 

 

(B)  Development site plans shall be drawn to scale, using a scale that all features required to be shown on the plans are readily discernible.  Very large developments may require that plans show the development in sections to accomplish this objective without resort to plans that are so large as to be cumbersome or the objective may be accomplished by using different plans or plans drawn to different scales to illustrate different features.  In all cases, the permit issuing authority shall make the final determination whether the plans submitted are drawn to the appropriate scale, but the applicant for a major subdivision permit or special use permit may rely in the first instance on the recommendations of the Administrator.

 

(C)  Development site plans should show on the first page the following information:

 

(1)  Name of applicant;

 

(2)  Name of development, if any;

 

(3)  North arrow;

 

(4)  Legend; and

 

(5)  Scale at one inch equals 100 feet.

 

(D) All of the features required to be shown on plans by §§ A‑5 and A‑6 may be included on one set of plans so long as the features are distinctly discernible.

(Ord. passed 12-15-97)

 

 

§ A‑5  EXISTING NATURAL, MAN‑MADE AND LEGAL FEATURES.

 

(A) Development site plans shall show all existing natural, man‑made and legal features on the lot where the development is to take place.  In addition, the plans shall also show those features indicated below by an asterisk that are located within 50 feet in any direction of the lot where the development is to take place and shall specify, by reference to the table of § 151.334, the use made of adjoining properties.

 

(B)  Existing natural features:

 

(1)  Tree line of wooded areas;

 

(2)  Individual trees 18 inches in diameter or more, identified by common or scientific name;

 

(3)  Orchards or other agricultural groves by common or scientific name;


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(4)  Streams, ponds, drainage ditches, swamps, wetlands, both CAMA and 404, and boundaries of floodways and floodplains;

 

(5)  If the proposed development is a subdivision or mobile home park of more than 50 lots or if more than five acres of land are to be developed, base flood elevation data; and

 

(6)  Contour lines (shown as dotted lines) with no larger than two-foot contour intervals.  As indicated in § A‑6(B)(20), proposed contour lines shall be shown as solid lines.

 

(C)  Existing man‑made features:

 

(1)  Vehicle accommodation areas, including parking areas, loading areas and circulation areas, all designated by surface material and showing the layout of existing parking spaces and direction of travel lanes, aisles or driveways;

 

(2)  Streets, private roads, sidewalks and other walkways all designated by surface material;

 

(3)  Curbs and gutters, curb inlets and curb cuts and drainage grates;

 

(4)  Other storm water or drainage facilities, including manholes, pipes and drainage ditches;

 

(5)  Underground utility lines, including water, sewer, electric power, telephone, gas, cable and television;

 

(6)  Above ground utility lines and other utility facilities;

 

(7)  Fire hydrants;

 

(8)  Buildings, structures and signs, including dimensions of each;

 

(9)  Location of exterior light fixtures; and

 

    (10)  Location of dumpsters, if necessary.

 

(D) Existing legal features:

 

(1)  The zoning of the property, including zoning district lines where applicable;

 

(2)  Property lines, with dimensions identified;

 

(3)  Street right‑of‑way lines; and

 

(4)  Utility or other easement lines.

(Ord. passed 12-15-97)

 


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§ A‑6  PROPOSED CHANGES IN EXISTING FEATURES OR NEW FEATURES.

 

(A) Development site plans shall show proposed changes in:

 

(1)  Existing natural features;

 

(2)  Existing man-made features; and

 

(3)  Existing legal features.

 

(B)  Development site plans shall also show proposed new legal features, especially new property lines, street right‑of‑way lines, buffer areas and utility and other easements, as well as proposed man‑made features, including, but not limited to the following:

 

(1)  The number of square feet in every lot created by a new subdivision;

 

(2)  Lot dimensions, including lot widths measured in accordance with §§ 151.060 through 151.068;

 

(3)  The location and dimensions of all buildings and freestanding signs on the lot, as well as the distances all buildings and freestanding signs are set back from property lines, streets or street right‑of‑way lines;

 

(4)  Principal sides, building elevations for typical units of new buildings or exterior remodelings of existing buildings, showing building heights and proposed wall sign or window sign area;

 

(5)  Elevation in relation to mean sea level of the proposed lowest floor, including basement, of all structures;

 

(6)  Elevation in relation to mean sea level to which any non‑residential structure will be flood-proofed;

 

(7)  Description of the extent of which any water course will be altered or relocated as a result of the proposed development;

 

(8)  The location and dimensions of all recreational areas provided in accordance with §§ 151.195 through 151.200, with each area designated as to type of use;

 

(9)  Areas intended to remain as usable open space or designated buffer areas;  (The plans shall clearly indicate whether the open space areas are intended to be offered for dedication to public use or to remain privately owned.)


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    (10)  Streets, labeled by classification and street name showing whether curb and gutter or shoulders and swales are to be provided and indicating street paving widths;  (Private roads in subdivisions shall also be shown and clearly labeled as such.)

 

    (11)  Curbs and gutters, curb inlets and curb cuts, drainage grates;

 

    (12)  Other stormwater or drainage facilities, including manholes, pipes, drainage ditches, retention ponds and the like;

 

    (13)  Sidewalks and walkways, showing widths and surface material;

 

    (14)  Bridges;

 

    (15)  Outdoor illumination with lighting fixtures sufficiently identified to demonstrate compliance with §§ 151.170 through 151.184;

 

    (16)  Underground utility lines, including water, sewer, electric power, telephone, gas, cable and television;  (Water and sewer pipe line signs shall be labeled.)

 

    (17)  Above ground utility lines and other facilities;

 

    (18)  Fire hydrants;

 

    (19)  Number of dumpsters and dumpster site locations, if required;

 

    (20)  New contour lines resulting from earth movement, shown as solid lines, with no larger than two-foot contour intervals;  (Existing lines should be shown as dotted lines.)

 

    (21)  Scale drawings of all signs requiring permits, pursuant to §§ 151.415 through 151.418, together with an indication of the location and dimensions of all signs;

 

    (22)  Vehicle accommodation areas, including parking areas, loading areas and circulation areas, all designated by surface material and showing the dimensions and layout of proposed parking spaces and the dimensions and direction of travel of lanes, aisles and driveways; and

 

    (23)  Proposed plantings or construction of other devices to comply with the landscaping requirements of §§ 151.135 through 151.145, as well as proposed plantings of trees to comply with the shading requirements of §§ 151.155 through 151.159.  Plans shall label shrubbery by common or scientific name, show the distance between plants and indicate the height at the time of planting and expected mature height and width.  Plans shall label trees by common or scientific name, show the circles of the mature crowns and indicate the height at the time of planting.  Major trees shall be drawn at diameter of 30 feet; dwarf or decorative trees shall be drawn at their actual mature crown.

(Ord. passed 12-15-97)


                                                    Unified Development                                               323

 

 

§ A‑7  DOCUMENTS AND WRITTEN INFORMATION IN ADDITION TO PLANS.

 

(A) In addition to the written application and the plans, whenever the nature of the proposed development makes information or documents such as the following relevant, documents or information shall be provided.

 

(B)  The following is a representative list of the types of information or documents that may be requested:

 

(1)  Documentation confirming that the applicant has a sufficient interest in the property proposed for development to use it in the manner requested or is the duly appointed agent of a person;

 

(2)  Certifications from the appropriate agencies that proposed utility systems are or will be adequate to handle the proposed development, as set forth in §§ 151.170 through 151.184, and that all necessary easements have been provided;

 

(3)  For proposed non-residential, flood-proofed structures or for enclosed areas below the lowest floor that are subject to flooding, certification from a registered professional engineer or architect that the proposed structure meets the criteria in §§ 151.380 through 151.390 and 151.400 through 151.403;

 

(4)  Certification and supporting technical data from a registered professional engineer demonstrating that any proposed use within a floodway, if permitted under §§ 151.380 through 151.390 and 151.400 through 151.403, shall not result in any increase in flood levels during occurrence of the base flood discharge;

 

(5)  Certifications from a registered professional engineer or architect, where applicable, as required in §§ 151.380 through 151.390 and 151.400 through 151.403;

 

(6)  Detailed description of play apparatus or other recreational facilities to be provided in order to satisfy the provisions of §§ 151.195 through 151.200;

 

(7)  Legal documentation establishing Homeowner's Associations or other legal entities responsible for control over required common areas and facilities;

 

(8)  Bonds, letters of credit or other surety devices;

 

(9)  Stamped envelopes containing the names and addresses of all those to whom notice of a public hearing must be sent to comply with §§ 151.495 through 151.518, 151.550 through 151.555 and 151.580 through 151.586;

 

    (10)  Complete documentation justifying any requested deviation from specific requirements established by this chapter as presumptively satisfying design standards;


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    (11)  Written evidence of permission to use satellite parking spaces under the control of a person other than the developer when such spaces are allowed pursuant to §§ 151.110 through 151.123;

 

    (12)  Written evidence of good faith efforts to acquire satellite parking under the circumstances set forth in §§ 151.110 through 151.123;

 

    (13)  Verification that 4.000 classification uses will meet the performance standards set forth in §§ 151.345 through 151.347;  (Verification shall be made by a licensed engineer or other qualified expert unless it is utterly apparent from the nature of the proposed development that expert verification is unnecessary.)

 

    (14)  Time schedules for the completion of phases in staged development, as required by §§ 151.230 through 151.246, 151.260 through 151.263, 151.275 through 151.278 ans 151.290 through 151.298; and

 

    (15)  The environmental impact of a development, including its effect on historically significant or ecologically fragile or important areas and its impact on pedestrian or traffic safety or congestion.

(Ord. passed 12-15-97)

 

 

§ A‑8  NUMBER OF COPIES OF PLANS AND DOCUMENTS.

 

With respect to all plans and other documents required by this appendix, the developer shall submit the number of copies that the Administrator reasonably deems necessary to expedite the review process and to provide necessary permanent records.

(Ord. passed 12-15-97)


                                                    Unified Development                                               325

 

APPENDIX B:  SPECIFICATIONS ON DRIVEWAY ENTRANCES

 

 

Section

 

B-1 Driveway entrances

 

 

 

§ B-1  DRIVEWAY ENTRANCES.

 

All driveway entrances and other openings onto public streets shall, at a minimum, conform to the requirements set forth in the current edition of the State Department of Transportation's Manual on Driveway Entrance Regulations.

(Ord. passed 12-15-97)

 


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APPENDIX C:  SPECIFICATIONS FOR STREET DESIGN AND CONSTRUCTION

 

 

Section

 

C-1 DOT standards applicable

 

 

 

§ C‑1  DOT STANDARDS APPLICABLE.

 

All public streets shall be constructed in accordance with the design construction standards promulgated by the State Department of Division of Highways unless a more restrictive standard is herein, in which case the more restrictive standard shall apply.  A copy of the DOT standards shall be available for inspection in the Planning Department.

(Ord. passed 12-15-97)

 


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APPENDIX D:  VEHICLE ACCOMMODATION AREA SURFACES

 

 

Section

 

D‑1 Paved surfaces

D‑2 Unpaved surfaces

 

 

 

§ D‑1  PAVED SURFACES.

 

Vehicle accommodation areas paved with asphalt shall be constructed in the same manner as street surfaces.  If concrete is used as the paving material, vehicle accommodation areas shall be similarly constructed, except that six inches of concrete shall be used instead of two inches of asphalt.  The county may allow other paving materials to be used so long as the equivalent level of stability is achieved.

(Ord. passed 12-15-97)

 

 

§ D‑2  UNPAVED SURFACES.

 

Vehicle accommodation areas without paving shall be constructed in the same manner as paved areas, except that material approved by the county may be used in lieu of asphalt, concrete or other paving materials.

(Ord. passed 12-15-97)

 


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APPENDIX E:  SCREENING AND TREES

 

 

Section

 

E‑1       Guide for protecting existing trees

E‑2       Standards for street and parking lot trees

E‑3       Formula for calculating 20% shading of paved vehicle accommodation areas

E‑4       Guide for planting trees

E‑5       Guide for planting shrubs

E‑6       Lists of recommended trees and shrubs

E‑7       Small trees for partial screening

E‑8       Large trees for evergreen screening

E‑9       Large trees for shading

E‑10     Small shrubs for evergreen screening

E‑11     Large shrubs for evergreen screening

E‑12     Assorted shrubs for broken screens

 

 

 

§ E-1  GUIDE FOR PROTECTING EXISTING TREES.

 

(A) Sections  51.135 through 151.145 and 151.155 through 151.159 provides for the retention and protection of large trees when land is developed.

 

(B)  In order to better ensure the survival of existing trees, the developer should heed the following guidelines:

 

(1)  Protect trees with fencing and armoring during the entire construction period;  (The fence should enclose an area ten feet square with the tree at the center.)

 

(2)  Avoid excavations beneath the crown of the tree;

 

(3)  Avoid compaction of the soil around existing trees due to heavy equipment;  (Do not pile dirt or other materials beneath the crown of the tree.)

 

(4)  Keep fires or other sources of extreme heat well clear of existing trees;

 

(5)  Repair damaged roots and branches immediately;  (Exposed roots should be covered with topsoil.  Severed limbs and roots should be painted.  Whenever roots are destroyed, a proportional amount of branches must be pruned so that the tree doesn't transpire more water than it takes in.  Injured trees must be thoroughly watered during the ensuing growing year.)


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(6)  All existing trees which will be surrounded by paving should be pruned to prevent dehydration; and

 

(7)  No paving or other impermeable ground cover should be placed within the dripline of trees to be retained.

(Ord. passed 12-15-97)

 

 

§ E-2  STANDARDS FOR STREET AND PARKING LOT TREES.

 

(A) Trees planted in compliance with the requirements of §§ 151.135 through 151.145 and 151.155 through 151.159 should have most or all of the following qualities.

 

(B)  The trees recommended herein represent the best combinations of these characteristics.

 

(1)  Hardiness:

 

(a)  Resistance to extreme temperatures;

 

(b)  Drought resistance;

 

(c)  Resistance to storm damage;

 

(d)  Resistance to air pollution; and

 

(e)  Ability to survive physical damage from human activity.

 

(2)  Life cycle:

 

(a)  Moderate to rapid rate of growth; and

 

(b)  Long life.

 

(3)  Foliage and branching:

 

(a)  Tendency to branch high above the ground;

 

(b)  Wide spreading habit; and

 

(c)  Relatively dense foliage for maximum shading.


                                                    Unified Development                                               333

 

 

(4)  Maintenance:

 

(a)  Resistance to pests;

 

(b)  Resistance to plant diseases;

 

(c)  Little or no pruning requirements; and

 

(d)  No significant litter problems.

(Ord. passed 12-15-97)

 

 

§ E‑3  FORMULA FOR CALCULATING 20% SHADING OF PAVED VEHICLE

ACCOMMODATION AREAS.

 

(A) Following is an elementary formula for determining the number of shade trees required in and around paved parking lots in order to presumptively satisfy the shading requirements of §§ 151.135 through 151.145 and 151.155 through 151.159.

 

(1)  Calculate square footage of the vehicle accommodation area, including parking spaces, driveways, loading areas, sidewalks and other circulation areas, but not including building area and any area which will remain completely undeveloped;

 

(2)  Multiply by .20 square feet;

 

(3)  Area to be shaded, in square feet; and add:

 

(4)  Area shaded by existing trees to be retained in and around the vehicle accommodation area in square feet;

 

(5)  Area shaded by required screening trees, if any;

 

(6)  Area shaded by required street trees, if any;

 

(7)  Subtotal, in square feet; (If division (7) is greater than division (3), then the shading requirement has been met. If not, go on to division (8).)

 

(8)  Enter the difference between division (7) and division (3), in square feet;

 

(9)  Divide division (8) by 707 square feet;

 

    (10)  Total number of shade trees required within the vehicle accommodation area, in number of trees.


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(B)  Existing trees retained in compliance with § 151.158 will be credited according to their actual crown radius.  Shaded area may be calculated as follows:  3.14 x (crown radius) 2 = shaded area.  Trees planted within the vehicle accommodation area are credited with shading 707 square feet, based on crown radius of 15 feet.  New or existing trees on the perimeter of the parking lot are credited for having only half a crown over the vehicle accommodation area (such as, new perimeter trees will be crediting for shading 354 square feet.)  Generally all trees planted in compliance with the screening requirements of §§ 151.135 through 151.145 and the street tree requirements of § 151.156 will be considered perimeter trees.  When smaller trees such as Dogwoods are planted, the credited shading area will be adjusted downward to 314 square feet for interior trees and 157 square feet for perimeter trees, based on a crown radius of ten feet.

(Ord. passed 12-15-97)

 

 

§ E‑4  GUIDE FOR PLANTING TREES.

 

(A) The trees recommended in § E‑10 have minimal maintenance requirements.

 

(B)  However, all trees must receive a certain degree of care especially during and immediately after planting.  In order to protect an investment in new trees the developer and his or her agents should follow these guidelines when planting.

 

(1)  The best times for planting are early spring and early fall.  Trees planted in the summer run the risk of dehydration.

 

(2)  All trees shall be planted at least 3½ feet from the end of head‑in parking spaces in order to prevent damage from car overhangs.

 

(3)  The tree shall be dug at least one foot wider than the root ball and at least six inches deeper than the ball's vertical dimension.

 

(4)  Especially in areas where construction activity has compacted the soil, the bottom of the pit should be scarified or loosened with a pick ax or shovel.

 

(5)  After the pit is dug, observe sub‑surface drainage conditions.  Most soils in the area are poorly drained.  Where poor drainage exists, the tree pit should be dug at least an additional 12 inches and the bottom should be filled with coarse gravel.

 

(6)  Backfill should include a proper mix of soil, peat moss and nutrients.  All rooms must be completely covered.  Backfill should be thoroughly watered as it is placed around the roots.

 

(7)  Immediately after it is planted, the tree should be supported with stakes and guy wires to firmly hold it in place as its root system begins to develop.  Staked trees will become stronger more quickly.  Remove stakes and ties after one year.


                                                    Unified Development                                               335

 

 

(8)  Spread at least three inches of mulch over the entire excavation in order to retain moisture and keep down weeds.  An additional three‑inch saucer of mulch should be provided to form a basin around the trunk of the tree.  This saucer helps catch and retain moisture.

 

(9)  The lower trunks of new trees should be wrapped with burlap or paper to prevent evaporation and sun scald.  The wrapping should remain on the tree for at least one year.

 

    (10)  Conscientious post‑planting care, especially watering, pruning and fertilizing, is a must for street and parking lot trees.  Branches of new trees may be reduced by as much as a third to prevent excessive evaporation.

(Ord. passed 12-15-97)

 

 

§ E‑5  GUIDE FOR PLANTING SHRUBS.

 

(A) Shrubs planted for screening purposes should be given a proper culture and sufficient room in which to grow.  Many of the guidelines for tree planting listed in § E‑5 also apply to shrubs. However, because specific requirements vary considerably between shrub trees, this appendix does not attempt to generalize the needs of all shrubs.

 

(B)  For detailed planting information or individual species, refer to Landscape Plants of the Southeast, by R. Gordon Halfacre and Anne R. Shawcroft.

(Ord. passed 12-15-97)

 

 

§ E‑6  LISTS OF RECOMMENDED TREES AND SHRUBS.

 

(A) The following lists indicate plantings which will meet the landscaping and shading requirements of §§ 151.135 through 151.145 and 151.155 through 151.159.  The lists are by no means comprehensive and are intended for landscaping and shading purposes only.  Plants were selected for inclusion on these lists according to four principal criteria: general suitability for the coastal section of the state, ease of maintenance, tolerance of county conditions and availability from area nurseries.  When selecting new plantings for a particular site, a developer should first consider the types of plants which are thriving on or near that site.  Accordingly, native state species should often be favored.  However, if an introduced species has proven highly effective for landscaping or shading in coastal areas, it too may be a proper selection.

 

(B)  Sections E‑10 through E‑12 contain descriptions of the trees and shrubs listed here.

 

(1)  Small trees for partial screening:

 

(a)  River Birch;


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(b)  American Hornbeam;

 

(c)  Eastern Redbud;

 

(d)  Flowering Dogwood;

 

(e)  Washington Hawthorn;

 

(f)   Russian Olive;

 

(g)  Mountain Silverbell;

 

(h)  American Holly;

 

(i)   Golden Rain Tree;

 

(j)   Crape Myrtle;

 

(k)  Sourwood;

 

(l)   Carolina Cherry‑Laurel; and

 

(m) Gallery Pear.

 

(2)  Large trees for evergreen screening:

 

(a)  Deodar Cedar;

 

(b)  Southern Magnolia;

 

(c)  Carolina Hemlock;

 

(d)  Long Leaf Pine;

 

(e)  White Pine;

 

(f)   Scotch Pine; and

 

(g)  Loblolly Pine.


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(3)  Large trees for shading:

 

(a)  Norway Maple;

 

(b)  Red Maple;

 

(c)  Ginkgo;

 

(d)  Honeylocust;

 

(e)  Sweet Gum;

 

(f)   London Plane‑Tree;

 

(g)  Sycamore;

 

(h)  Eastern Red Oak;

 

(i)   Willow Oak;

 

(j)   Scarlet Oak;

 

(k)  Laurel Oak; and

 

(l)   Little-leaf Linden.

 

(4)  Small shrubs for evergreen screening:

 

(a)  Glossy Abelia;

 

(b)  Warty Barberry;

 

(c)  Wintergreen Barberry;

 

(d)  Dwarf Horned Holly;

 

(e)  Little-leaf Japanese Holly;

 

(f)   Convexa Japanese Holly;

 

(g)  Indian Hawthorn;


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(h)  Azaleas and Rhododendrons; and

 

(i)   Japanese Yew.

 

(5)  Large shrubs for evergreen screening:

 

(a)  Hedge Bamboo;

 

(b)  Thorny Elaengus;

 

(c)  Burford Holly;

 

(d)  Yaupon Holly;

 

(e)  Laurel or Sweet Bay;

 

(f)   Japanese Privet;

 

(g)  Fortune Tea Olive;

 

(h)  Red Photinia; and

 

(i)   Lauretinus Viburnum.

 

(6)  Assorted shrubs for broken screens:

 

(a)  Japanese Barberry;

 

(b)  Fringetree;

 

(c)  Border Forsythia;

 

(d)  Vernal Witch Hazel;

 

(e)  Common Witch Hazel;

 

(f)   Pfitzer Juniper;

 

(g)  Drooping Leucothoe;

 

(h)  Winter Honeysuckle;

 

(i)   Star Magnolia;


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(j)   Northern Burberry;

 

(k)  Judd Viburnum; and

 

(l)   Doublefile Viburnum.

(Ord. passed 12-15-97)

 

 

§ E‑7  SMALL TREES FOR PARTIAL SCREENING.

 

(A) The following trees are recommended for use in all types of screens.  Though smaller than the trees listed in planting lists §§ E‑11 and E‑12, each of these trees will reach a height of at least 20 feet.

 

(B)  Selections marked with an asterisk (*) are also recommended as shade trees and may be credited for meeting the 20% shading requirement for paved parking lots.

 

(1)  River Birch (Betula Nigra).  Height:  20 to 40 feet; spread: eight to 16 feet. The River Birch is a native tree which usually grows along stream banks.  In landscape design, it is adaptable to either high or low locations but still requires a lot of moisture.  This tree has an interesting, papery bark and a graceful branching habit.  It has no special pest or maintenance problems.

 

(2)  American Hornbeam (Carpinus Carolinia).  Height:  20 to 30 feet; spread: 15 to 20 feet.  This native tree has a natural yet refined appearance.  It is slow growing, but at maturity it serves as an excellent small shade tree.  Its fluted, muscular trunk is an interesting feature.  In the wild, the American Hornbeam is common in moist rich soil, yet, when used in landscape design, it is soil tolerant and does not require an unusual amount of water.  It has no pests and no special maintenance problems.

 

(3)  Eastern Redbud (Cercis Canadensis).  Height:  20 to 30 feet; spread:  12 to 25 feet.  This native tree is covered by beautiful pink flowers in the spring and develops a dense round crown when allowed to grow in direct sunlight.  The Redbud has some pests, and its fruits pods may present a litter problem, but it recommends itself for being drought resistant and tolerant of polluted county air.

 

(4)  Flowering Dogwood (Cornus Florida).  Height:  15 to 30 feet; spread: 15 to 20 feet.  The Dogwood is a native woodland tree which is very popular for landscape planting. It is considered to be a fairly hardy tree, but, when planted in direct sun, it must be frequently watered.  A healthy Dogwood will develop attractive horizontal branches and a bushy crown. Dogwoods look best when planted in groups or when used as an accent in borders.  These trees should be guarded against borers and other pests.

 

(5)  Washington Hawthorn (Crataegus Phaenophyrum).  Height:  25 to 30 feet; spread:  25 to 30 feet.  Hawthorns generally require spraying to prevent disease and insect infestation.  However, they are an excellent choice for screening because of their extremely dense and thorny branches.  They have


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proved to be excellent as a headlight screen on highway medians and, when planted close together, they form an impenetrable living fence.  They prefer sun and are tolerant of most types of soil.  The Washington Hawthorn is generally considered to be the best of the Hawthorns.

 

(6)  Russian Olive (Elaengus Augustifolia).  Height:  15 to 20 feet; spread:  20 to 30 feet.  The Russian Olive can withstand severe exposure and will grow in almost any soil. Its toughness and wide spreading habit make it an exceptional screening plant.  The foliage is an attractive silver‑gray color and its flowers, thought inconspicuous, are very fragrant.  The Russian Olive is especially notable for its rapid growth.  It has no pest problems, but it may require periodic trimming of dead twigs.

 

(7)  Mountain Silverbell (Halesia Monticola).  Height:  20 to 40 feet; spread: 20 feet.  Silverbells are attractive multi‑stem trees which are native to the southeastern United States.  They are excellent plants for a natural effect and are best placed where their small flowers and pods will be closely observed.  Compared to other trees on this list, its crown is more open and irregular.  The Mountain Silverbell has no pests, no maintenance problems, and no special soil requirements.

 

(8)  American Holly (Ilex Opaca).  Height:  15 to 30 feet; spread: ten to 20 feet.  This familiar native tree possesses a pyramidal evergreen crown with abundant red berries in the winter.  It grows best in full sun and prefers moist yet well drained soils.  If the lower limbs are allowed to grow naturally, they will branch to the ground.  Hollies should be protected from high winds.  The American Holly is a relatively slow grower.

 

(9)  Golden Rain Tree (Koelreuteria Paniculata).  Height:  20 to 30 feet; spread: 15 to 20 feet.  This is an extremely hardy tree, tolerant of county conditions, drought resistant and capable of growth in most kinds of soil.  It bears beautiful yellow flowers and interesting seed pods on its rounded crown.  The Golden Rain Tree is a rapid grower, but is relatively short lived.

 

    (10)  Crape Myrtle (Lagerstroemia Indica).  Height:  15 to 25 feet; spread:  15 to 20 feet.  This popular flowering tree is decorative and interesting in all seasons.  However, it should not be expected to stand alone as a screen.  It is most effective against an evergreen background.  It grows best in direct sun and may develop mildew problems when planted in shade. Crape Myrtle may be pruned to a desired shape, but when left on its own it will form a densely branching crown.

 

    (11)  Sourwood (Oxyndrum Arboreum).  Height:  20 to 30 feet; spread:  ten to 15 feet.  Sourwoods are handsome native trees which are most effective in landscape design when planted in groups.  They are easy to transplant and, as each tree matures, it assumes a slender form with upright branches.  Sourwood prefers relatively dry acid soils.  Its only special maintenance problems may be infestations of webworms.

 

    (12)  Carolina Cherry‑Laurel (Prunus Caroliniana).  Height:  20 to 30 feet; spread:  15 to 20 feet.  This tree is prized for its dense evergreen foliage.  It may be trimmed as a hedge, but also serves as an excellent screen in its natural form.  The Cherry‑Laurel grows rapidly and has no pests.  However, it may not be as cold hardy as other trees on this list.


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    (13)  *Callery Pear (Pyrus Callery ana).  Height:  20 to 40 feet; spread:  20 to 30 feet.  The Callery Pear has recently gained popularity as a county road tree because it is impervious to air pollution.  Furthermore, it will grow in relatively infertile soils.  It is a beautiful, upright tree which grows rapidly and is long lived.  However, it may be subject to an assortment of pests and diseases.  The Bradford variety is recommended for its vigorous habit of growth.

(Ord. passed 12-15-97)

 

 

§ E‑8  LARGE TREES FOR EVERGREEN SCREENING.

 

(A) The following trees are ideal for screening large scale areas such as shopping centers and industrial sites.

 

(B)  They are also effective in combination with other, smaller screening plants.  All are moderate to fast growers.  They are not considered to be shade trees.

 

(1)  Deodar Cedar (Cedrus Deodara).  Height:  40 to 150 feet; spread:  30 feet and up.  The Deodar Cedar is a useful and attractive evergreen.  It should be allowed plenty of room in order to assume its beautiful natural form.  Its pendulous branches should be allowed to touch the ground.  It prefers relatively dry soils, grows rapidly, and is easy to maintain. True Cedars, such as the Deodar, are not native to North America, but they have become quite popular in the south as a landscape tree.

 

(2)  Southern Magnolia (Magnolia Grandiflora).  Height:  40 to 60 feet; spread: 25 feet and up.  Magnolias are striking trees which serve well as screens when their branches are allowed to grow to the ground.  Generally, this tree does well in county conditions, but it should be planted in quite rich acidic soils and it requires a lot of moisture.  Furthermore, Magnolias require ample space for growth.  If planted in full sunlight, they will grow rapidly.  Because it drops large waxy leaves, seed pods, and flowers, the Magnolias may present a litter problem.

 

(3)  Carolina Hemlock (Tsuga Caroliniana).  Height:  30 to 70 feet; spread:  20 feet and up.  This native of rocky locations in the state mountains adapts well to county locations.  It may be sheared or pruned to any shape, but when it grows naturally, its graceful branches form an excellent high screen.  The Hemlock prefers cooler, partially shaded locations and does best in highly fertile soils.  It grows quite rapidly.

 

(4)  Long‑leaf Pine (Pinus Palustris).  Height:  80 to 100 feet; spread:  30 feet and up.  Excellent in mass or as specimen for suburban areas, roadsides or lawns.  Ascending branches and open, round head.  Deep taproot which is difficult to transplant, except when young. Planting is at medium depth and requires well‑drained soils with medium fertility and moisture.

 

(5)  White Pine (Pinus Strobus).  Height:  100 to 150 feet; spread:  50 feet and up.  Excellent in mass or as specimen for suburban areas, roadsides or lawns.  Ascending branches and open, round head.  Deep taproot which is difficult to transplant, except when young. Planting is at medium depth and requires well‑drained soils with medium fertility and moisture.


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(6)  Scotch Pine (Pious Sylvestris).  Height:  60 to 150 feet; spread:  40 feet and up.  Valued for its picturesque character; useful as specimen or in masses.  Symmetrically pyramid with short spreading branches in youth.  At maturity, lower branches die off and specimen becomes picturesque and open.  Deep taproot with wide‑spreading laterals.  Planting is at medium depth and requires well‑drained, soils with medium fertility and moisture.

 

(7)  Loblolly Pine (Pious Taeda).  Height:  90 to 100 feet; spread:  30 feet and up.  Useful in masses or free‑standing as specimen and shade tree.  Ascending branches and rounded head.  Extensive laterals and difficult to transplant.  Planting is at medium depth and requires well‑drained soils with medium fertility and moisture.

(Ord. passed 12-15-97)

 

 

§ E‑9  LARGE TREES FOR SHADING.

 

(A) The following trees may be used for screening, but they are recommended especially for shading trees and parking lots.

 

(B)  Unless otherwise noted, they will grow rapidly.  Each species will attain a mature spread of at least 30 feet.

 

(1)  Norway Maple (Acer Platanoides).  Height:  40 to 50 feet; spread:  50 feet and up.  Maples as a group are not particularly tolerant to county conditions.  The Norway Maple is an exception, however, as it is relatively invulnerable to air pollution and has no special maintenance requirements.  This tree assumes a wide spreading form and provides very dense shade.  In the autumn, the leaves are a brilliant red and yellow.  The Norway Maple grows rapidly, but it is subject to ice and wind damage.  Plenty of room should be available for its shallow roots and it should be given ample water.

 

(2)  Red Maple (Acer Rubrum).  Height:  40 to 50 feet; spread:  25 feet and up.  This tree is an example of a Maple which is not recommended where there will be high concentrations of air pollution.  However, with its excellent shading  characteristics and beautiful colors, it should not be ignored.  This tree grows rapidly, but, unlike the Norway Maple, it does not become brittle with age.  The Red Maple is a native tree which is usually found in moist, even swampy areas, but it adapts well to a variety of situations.  Although subject to Maple insects and diseases, it is usually a long lived tree.

 

(3)  Ginkgo or Maidenhair Tree (Ginkgo Biloba).  Height:  40 to 80 feet; spread: 30 feet and up.  The Ginkgo is a tree which is recommended for several outstanding reasons.  It is one of the oldest surviving species of trees.  It is adaptable to any soil, climate or degree of exposure to the sun.  It does quite well in the county.  It has no pests, no diseases and no pruning requirements.  In sum, it is a tree of exceptional vitality.  The State Department of Forest Resources calls the Ginkgo, “probably the best all around street tree.”  Two reservations are worth stating; however, first, only male trees should be planted because female Ginkgos bear a messy, malodorous fruit and second, the Ginkgo is a slow grower.  When young, it has a rather gangly appearance.  It takes 25 to 30 years to assume its mature, symmetrically spreading form.


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(4)  Honeylocust (Gleditsia Triacanthos).  Height:  50 to 75 feet; spread:  25 feet and up.  Its open, spreading form and feathery leaves may give the Honeylocust a frail appearance, but it is in fact a quite sturdy tree, notable for its resistance to county conditions.  Grass and shrubs thrive beneath a Honeylocust because it casts light shade.  This tree is especially useful for its ability to be transplanted at a relatively advanced age.  Accordingly, it may be used for immediate effect in a landscape design.  The Honeylocust has its own pests and diseases, but it is fairly hardy.  Thornless and fruitless varieties, such as “Moraine,” are recommended.

 

(5)  Sweet Gum (Liquidambar Styraciflua).  Height:  60 to 100 feet; spread:  50 feet and up.  The Sweet Gum is a native bottomland tree which adapts to a variety of soils.  Its dense foliage and balanced form make it an excellent shade tree for large open areas.  The Sweet Gum needs sun and plenty of room to achieve maximum size and beauty.  In the fall, its leaves turn a brilliant wine and gold color.  Other than clean up of its prickly seed balls, the Sweet Gum poses no special maintenance problems.

 

(6)  London Plane Tree (Platanus Acerifolia).  Height:  70 to 100 feet; spread: 30 feet and up.  The London Plane Tree is excellent for streets and parking lots for a variety of reasons.  It puts out its branches high enough above the ground so as not to obstruct traffic.  Its 20 broadly spreading crown makes it especially useful along wide roads.  The London Plane is one of the world's hardiest trees in polluted air.  Although it needs plenty of sun and moisture, it is undemanding about soil.  Finally, it is very long lived.  The London Plane Tree is a hybrid of the Sycamore, and like the Sycamore, it may suffer from certain diseases.  However, it is more resistant to leaf blight than the Sycamore.

 

(7)  Sycamore (Platanus Occidentalis).  Height:  70 feet to 100 feet; spread:  60 feet and up.  The Sycamore is probably the fastest growing shade tree on this list.  Within ten years, it can grow to a height of between 30 and 40 feet.  It is easily transplanted, but it needs plenty of space.  As one of nature's most massive trees, Sycamores have been known to grow to a height of 170 feet with a trunk ten feet across.  The Sycamore is a native tree which typically grows in flood plains, but it thrives in a variety of situations.  Its tolerance of severe conditions has long made it a favorite choice as a street tree.  Sycamores are susceptible to fungi and leaf blight and their large leaves and seed balls may present a litter problem.

 

(8)  Eastern Red Oak (Quercus Rubra).  Height:  50 to 70 feet; spread:  40 feet and up.  This tree grows faster than any other Oak, two feet or more per year.  It is prized as a tree because its high branching habit gives it an ideal shape.  The Red Oak grows in almost any average soil and presents no special maintenance problems.

 

(9)  Willow Oak (Quercus Phellos).  Height:  60 to 80 feet; spread:  30 feet and up.  This is another rapidly growing Oak.  It has proven to be quite successful as a street and parking lot tree.  Its slender leaves give it a finer texture than that of other Oaks, but it still casts excellent shade.  The Willow Oak is native to bottomland soils, and thus it needs plenty of moisture.  It often spreads majestically as it matures so it should be given ample room to grow.  No significant pests or diseases afflict the Willow Oak.


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    (10)  Scarlet Oak (Quercus Coccinea).  Height:  60 to 80 feet; spread:  40 feet and up.  This is a third Oak which grows rapidly and is easy to maintain.  The Scarlet Oak is more difficult to transplant than the Red or the Willow but it may be a worthwhile selection for its excellent foliage.

 

    (11)  Laurel Oak (Quercus Laurifolia).  Height:  40 to 60 feet; spread:  30 feet and up.  The Laurel Oak grows more slowly than the other Oaks listed above, but it has the advantage of being nearly evergreen in coastal sections of the state.  It has proven to be a good street tree and does quite well under county conditions.  It presents no special maintenance problems.

 

    (12)  Little-leaf Linden (Tilia Cordata).  Height:  30 to 50 feet; spread:  25 feet and up.  Lindens are notable for their exceptional symmetry and their ability to grow in poor soils. The Little-leaf Linden requires plenty of moisture, but it has proven to be useful for county planting and is especially recommended as a street tree.  With its many thick branches and abundant foliage, the Linden provides very dense shade.  It should be sprayed for aphids in order to prevent sticky droppings from the leaves.

(Ord. passed 12-15-97)

 

 

§ E‑10  SMALL SHRUBS FOR EVERGREEN SCREENING.

 

(A) The following shrubs are recommended for informal (unclipped) hedges or screens.

 

(B)  Each species grows to a height of less than six feet; therefore, these shrubs are appropriate for semi‑opaque screens.

 

(1)  Glossy Abelia (Abelia Grandiflora).  Height:  four to six feet; spread:  three to five feet.  Abelia is quite common in local nurseries and tends to be less expensive than other shrubs on this list.  It bears pale pink flowers throughout the summer.  Although it has proven popular for informal hedges, it has several drawbacks.  Abelia should be pruned and thinned to maintain its best form.  It may drop its leaves due to low temperatures, lack of pruning or starvation.

 

(2)  Warty Barberry (Barberis Verruculosa).  Height:  three to four feet; spread: three to four feet.  Barberries as a group have proven to be excellent as hedge plants.  With their dense, spiny limbs, they are effective barriers in public places.  The Warty Barberry is a shrub with a neat, compact habit.  It is soil tolerant and has no special maintenance requirements.  It grows slowly, but it will reach a height of three to four feet within five years.

 

(3)  Wintergreen Barberry (Berberis Julianae).  Height:  four to six feet; spread: two to five feet.  This is another Barberry which forms an impenetrable thorny hedge.  In fact,  it grows even more densely than the Warty Barberry.  It is pest resistant and is very hardy.  No pruning is required.  Because it is fairly slow growing, it will take eight to ten years to reach a height of five to six feet.

 

(4)  Dwarf Horned Holly (Ilex Cornuta 'rotunda').  Height:  three feet; spread: three to four feet.  This shrub is an excellent selection for a low hedge.  It is soil tolerant and requires no pruning or other special care once established.  With its spiny leaves, this plant appears to be and is in fact rugged.


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Like all Hollies, it grows best in full sun, but unlike others of its species, it produces bright red berries without both sexes being present.

 

(5)  Little-leaf Japanese Holly (Ilex Crenata' microphylla').  Height:  four to six feet; spread:  five feet and up.  This Holly is a good substitute for the more finicky and often more expensive Boxwood.  It withstands pruning, but is quite attractive in its natural form.  Although considered to be slow growing, it will form a stiff six feet tall hedge within ten years. The Little-leaf Japanese Holly grows well in both sun and shade and does well in county conditions.

 

(6)  Convexa Japanese Holly (Ilex Crenata 'Convexa').  Height:  four to six feet; spread:  three to five feet.  The Convexa Japanese Holly is another good Boxwood substitute.  This shrub is considered to be one of the most attractive, hardy and serviceable Hollies for landscape use.  It is attractive in either a clipped or unclipped form.  It grows faster than the Little-leaf Japanese Holly.

 

(7)  India Hawthorn (Raphiolepis Indica).  Height:  three to four feet; spread:  four to five feet.  With its spreading, irregularly branching, the India Hawthorn makes an excellent informal hedge.  It is tolerant of a variety of soils and is fairly drought resistant.  However, it may not be as cold tolerant and pest resistant as other shrubs on this list.

 

(8)  Azaleas and Rhododendrons (Rhododendron Species).  Height:  three feet and up; spread:  three feet and up.  Many varieties of Azaleas and Rhododendrons are dense and evergreen and are, therefore, good screening material.  The universal popularity of this large shrub family belies the fact that its members must not be planted indiscriminately.  As a group, Rhododendron species prefer cool, moist, well drained, acidic soil which has a fairly high organic content.  They do best in shade or partial shade particularly when they are planted in extremely hot or windy locations.  If planted in full sun, they should receive plenty of water.  In spite of these requirements, once established in good soil with the correct culture and water, both Rhododendrons and Azaleas tend to take care of themselves.  Some relatively hardy and vigorous species are:  Kurume Azaleas (R. obtusum), Snow Azaleas (R. mucronatum), Indian Azaleas (R. indicum), and the native Carolina Rhododendron (R. carolinianum).

 

(9)  Japanese Yew (Taxus Cuspidata).  Height:  four to six feet; spread:  five to seven feet.  The versatile Yew is commonly available from local nurseries in a wide variety of sizes and shapes.  The Japanese Yew serves as excellent screening material in either a clipped or unclipped form.  It tolerates poor growing conditions and flourishes in almost any kind of soil. Soggy soil may hamper its growth, however.  It is comparatively pest free and is hardy under trying winter conditions.  The Yew's best feature is its rich shiny green needles which grow densely on all varieties.

(Ord. passed 12-15-97)

 


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§ E‑11  LARGE SHRUBS FOR EVERGREEN SCREENING.

 

(A) The following shrubs are recommended for high hedges or screens.

 

(B)  Each species grows to a height of more than six feet; therefore, these shrubs are  appropriate for opaque screens.

 

(1)  Thorny Elaengus (Elaengus Pungens).  Height:  eight to ten feet; spread:  six to ten feet.  This shrub is tolerant of many adverse conditions.  It will grow rapidly in relatively infertile, dry soils.  Its dense thorny branches form an excellent natural hedge.  It is one of the most common evergreen shrubs in the south.

 

(2)  Burford Holly (Ilex cornuta Burfordii).  Height: 8 to 15 feet; spread: 6 to 8 feet.  The Burford Holly has been called, “one of the best and most serviceable of all broad leafed evergreens for general planting in the south.”  It is soil tolerant,  grows rapidly, requires no pruning, and usually has no pest problems.  Its dark green leaves lack the usual Holly spines.

 

(3)  Yaupon Holly (Ilex Vomitoria).  Height: 5 to 15 feet; spread: 6 to 12 feet.  This is another versatile Holly, slower growing than the Burford, but equally as adaptable to adverse conditions.  It is a native shrub which has proven to be one of the most drought resistant of all Hollies.  It may be clipped to maintain any desired height.  The Yaupon Holly is very heavily fruited and will attract birds.

 

(4)  Laurel or Sweet Bay (Lauris Nobilis).  Height: 10 to 12 feet; spread: 8 to 10 feet.  Laurel is a tough low maintenance shrub which does best in fertile, well drained soils. Pruning is not required but it may be sheared to any desired form.  It screens well with a single raw planting.  The Laurel has been a popular landscaping plant since ancient times.

 

(5)  Japanese Privet (Ligustrum Japonicum).  Height: six to ten feet; spread: five to six feet.  The Japanese Privet will survive almost any adversity including heat, cold, drought, air pollution and poor soil.  Accordingly, it is one of the most popular hedge plants in America.  This and other Ligustrum are fast growing and remarkably pest free.  They are ideal as a high screen in large scale areas.  It has been said that if a Ligustrum will not grow in a particular location, then nothing will.

 

(6)  Fortune Tea Olive (Osmanthus Fortunei).  Height:  9 to 12 feet; spread: 5 to 7 feet.  This Osmanthus hybrid is a popular, though non‑descript, shrub.  With its  vigorous growth, it will form an excellent screen or border.  It is soil tolerant.  The Fortune Tea Olive is most notable for its inconspicuous yet highly fragrant flowers.

 

(7)  Red Photinia (Photinia Glabra).  Height:  six to ten feet; spread:  four to five feet.  This low maintenance shrub is often selected for its glossy saw toothed leaves which are a bright red when they first appear.  Photinia forms a good hedge when planted in full sun. It has somewhat looser foliage than other plants on this list.  In recent years, Red Photinia has become very popular in the Southeast.


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(8)  Laurestinus Viburnum (Viburnum Onus).  Height:  10 to 12 feet; spread: 10 to 12 feet.  This Viburnum is prized for its luxuriant dark green foliage.  It is valuable for screens and, though sometimes clipped as a formal hedge, it can remain uncut for years and still keep its good form.  It grows best in medium fertile soils and prefers dry conditions in the late summer.  All Viburnums withstand county conditions well.

(Ord. passed 12-15-97)

 

 

§ E‑12  ASSORTED SHRUBS FOR BROKEN SCREENS.

 

(A) The following is a sampling of shrubbery which would be appropriate in a broken screen.

 

(B)  Because many of these plants are deciduous, they are not suitable for opaque and semi‑opaque screens.

 

(1)  Japanese Barberry (Barberis Thunbergii).  Height: three to five feet; spread:  three to five feet.  The following is a extremely common deciduous shrub and is considered to be one of the toughest members of the Barberry family.  It survives drought, poor soils, exposure and the worst county conditions.  With its many thorns, the Japanese Barberry is  often used as an impenetrable barrier but is attractive enough to stand alone as a specimen plant. It requires no special maintenance and when planted singly, needs no pruning.

 

(2)  Fringetree (Chioanthus Virginicus).  Height:  10 to 30 feet; spread:  8 to 10 feet.  The Fringetree is known for its profusion of beautiful flowers.  It is considered to be one of the most striking native American shrubs.  It is relatively difficult to transplant, but once established it does well in counties as it endures heavy smoke and dust.  The mature Fringetree's only drawback is that its leaves appear rather late in the Spring.

 

(3)  Border Forsythia (Forsythia Intermedia).  Height:  eight to ten feet; spread:  seven to ten feet.  Forsythias are well known shrubs which bloom bright yellow quite early in the spring.  There are two commonly available forms of this shrub: the weeping Forsythia suspends and the more upright Forsythia intermedia.  The latter is preferred for screening purposes.  With its graceful branches, the Border Forsythia presents a good deciduous foliage mass and should be given plenty of room to grow.  It transplants easily and withstands poor growing conditions.  It should be thinned occasionally to ensure vigorous growth.

 

(4)  Vernal Witch Hazel (Hamamelis Vernalis).  Height:  four to six feet; spread: two to three feet.  This rapidly growing native shrub is excellent for bordering and naturalizing. It assumes a dense, upright form, thriving in even the most polluted air.  Other than plenty of watering the vernal Witch Hazel requires no special maintenance.


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(5)  Common Witch Hazel (Hamamelis Virginiana).  Height:  8 to 15 feet; spread:  7 to 14 feet.  This shrub is a larger version of Vernal Witch Hazel with many of the same qualities.  It is another native woodland plant which has adapted well to landscaping uses. The Common Witch Hazel is recommended for shady areas, but when planted in the sun it grows to be a splendid well rounded specimen.  It is especially useful in large areas.

 

(6)  Pfitzer Juniper (Juniperus Chinensis 'Pfitzeriana').  Height:  four to six feet; spread:  six to nine feet.  This evergreen is recommended for broken screens rather than full fledged hedges because its form lends itself to massing rather than row planting.  Pfitzer Juniper has been known to grow 6 feet high and spread 10 to 15 feet within 10 years.  Thus it should be given plenty of room to grow.  Despite its exotic appearance, it is a commonly used landscape plant.  Junipers, as a group, withstand hot, poor, dry soils of county areas probably better than any other evergreens.  However, they do suffer from certain pest problems and should therefore be watched closely once they are planted.

 

(7)  Drooping Leucothoe (Leucothoe Fontanesiana).  Height:  three to four feet; spread:  four to six feet.  Drooping Leucothoe is a mound-like shrub which is good for planting in front of and between other flora and beneath trees.  It is hardy in county conditions and gives a natural effect when planted along borders.  This native evergreen is graceful and attractive in all seasons.  It is easy to transplant but requires a heavy mulch and should be provided with at least partial shade.  Old branches should be pruned occasionally to stimulate new growth.

 

(8)  Winter Honeysuckle (Lonicera Fragrantissima).  Height:  six to eight feet; spread:  six to eight feet.  The only resemblance between this shrub and the more familiar Honeysuckle vine is its extremely fragrant flowers.  The Winter Honeysuckle has a leathery semi‑evergreen leaves and assumes a globe shape as it rapidly grows.  It is a tough plant, soil tolerant and virtually maintenance free.

 

(9)  Star Magnolia (Magnolia Stellata).  Height:  10 to 12 feet; spread:  8 to ten feet.  This handsome specimen shrub is considered to be the hardiest of all the Magnolias. It forms a broad, rounded mass.  It becomes tree‑like with age but continues to branch to the ground.  Early in the spring, it produces numerous fragrant white flowers.  The Star Magnolia should not be planted adjacent to shallow rooting trees.  It should be allowed plenty of sun.

 

    (10)  Northern Bayberry (Myrica Pensylvanica).  Height:  three to six feet; spread:  three to eight feet.  This shrub, often used for windbreaks at the beach, is also effective for shrub masses in coastal areas.  Its ability to tolerate salt and sands translates into a quality for withstanding the rigors of county life.  Bayberry normally forms a dense, spreading mound.  While it is evergreen at the shore it may annually drop its leaves in less temperate climates.

 

    (11)  Judd Viburnum (Viburnum Juddii).  Height:  eight feet; spread:  six feet.  Viburnums are sturdy shrubs which are commonly available in area nurseries.  The Judd Viburnum is rounded and dense.  It bears loose clusters of fragrant white flowers in the early spring.  If given plenty of water, it will grow rapidly.  Its fall fruit is attractive to birds.


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    (12)  Doublefile Viburnum (Viburnum Plicatum Tomentosum).  Height:  eight to ten feet; spread:  eight to ten feet.  The Doublefile Viburnum grows larger than the Judd and is noted for its strong horizontal branching habit.  It is a very serviceable accent plant in shrub borders.  The Doublefile Viburnum should be carefully watered in periods of extended drought.

(Ord. passed 12-15-97)


350                                        Camden County - Land Usage

 

 


                                CHAPTER 152:  WATERSHED PROTECTION

 

 

Section

 

                                                      General Provisions

 

152.01  Authority

152.02  Jurisdiction

152.03  Exceptions to applicability

152.04  Definitions

 

                                                   Subdivision Regulations

 

152.15  General provisions

152.16  Subdivision application and review procedures

152.17  Subdivision standards and required improvements

152.18  Construction procedures

 

                                                  Development Regulations

 

152.30  Establishment of watershed areas

152.31  Watershed areas described

152.32  Buffer areas required

152.33  Rules governing the interpretation of watershed area boundaries

152.34  Application of regulations

152.35  Existing development

152.36  Watershed protection permit

152.37  Building permit required

152.38  Watershed protection occupancy permit

 

                                                 Public Health Regulations

 

152.50  Public health, in general

152.51  Abatement

 

 

 

 

 

 

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                                      Administration, Enforcement, and Appeals

 

152.60  Watershed administrator and duties

152.61  Appeal from the watershed administrator

152.62  Changes and amendments to the watershed protection chapter

152.63  Public notice and hearing required

152.64  Establishment of watershed review board

152.65  Rules of conduct for members

152.66  Powers and duties of the watershed review board

152.67  Appeals from the watershed review board

 

152.99  Penalty

 

 

 

                                                GENERAL PROVISIONS

 

 

§ 152.01  AUTHORITY.

 

The Legislature of the State of North Carolina has, in G.S. § 153A‑121, General Ordinance Authority; and in G.S. §§ 143‑211 et seq., Watershed Protection Rules, delegated the responsibility or directed local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.  The Camden County, North Carolina Board of Commissioners does hereby ordain and enact into law the Watershed Protection Chapter.

(Ord. passed 12-20-93)

 

 

§ 152.02  JURISDICTION.

 

The provisions of this chapter shall apply within the areas designated as a Public Water Supply Watershed by the North Carolina Environmental Management Commission and shall be defined and established on the map entitled, County of Camden, North Carolina Watershed Protection Map, (the Watershed Map), which is adopted simultaneously herewith.  The Watershed Map and all explanatory matter contained thereon accompanies and is hereby made a part of this chapter.  This chapter shall be permanently kept on file in the office of the Camden County Manager.

(Ord. passed 12-20-93)

 

 

§ 152.03  EXCEPTIONS TO APPLICABILITY.

 

(A) Nothing contained herein shall repeal, modify, or amend any federal or state law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this chapter amend, modify, or restrict any provisions


                                                    Watershed Protection                                               353

 

 

of any other code provisions of Camden County; however, the adoption of this chapter shall and does amend any and all ordinances, resolutions, and regulations in effect in the county at the time of the adoption of this chapter that may be construed to impair or reduce the effectiveness of this chapter or to conflict with any of its provisions.

 

(B)  It is not intended that these regulations interfere with any easement, covenants, or other agreements between parties.  However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control.

 

(C)  Existing development, as defined in this chapter, is not subject to the requirements of this chapter. Expansions to structures classified as existing development must meet the requirements of this chapter. However, the built‑upon area of the existing development is not required to be included in the density calculations.

 

(D) If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then that lot of record shall not be subject to the development restrictions of this chapter if it is developed for single-family residential purposes.  Any lot or parcel created as part of a family subdivision after the effective date of theses rules shall be exempt from these rules if it is developed for one single-family detached residence and it is exempt from local subdivision regulation.  Any lot or parcel created as part of any other type of subdivision that is exempt from a local subdivision ordinance shall be subject to the land use requirements, including impervious surface requirements, of these rules, except that such a lot or parcel must meet the minimum buffer requirements to the extent practicable.

(Ord. passed 12-20-93; Am. Ord. 2002-08-03, passed 8-5-02)

Cross‑reference:

Recombination of existing lots, see § 152.31(A)

 

 

§ 152.04  DEFINITIONS.

 

(A) For the purpose of this chapter, certain words shall be interpreted as follows:

 

(1)  Words in the present tense include the future tense;

 

(2)  Words used in the singular number include the plural, and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise; and

 

(3)  The term person includes a firm, association, corporation, trust, and company as well as an individual.

 

(B)  For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

AGRICULTURAL USE.  The use of waters for stock watering, irrigation, and other farm purposes.

 

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ANIMAL UNIT.  A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations.

 

BEST MANAGEMENT PRACTICES (BMP).  A structural or nonstructural  management‑based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.

 

BUFFER.  An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants.  The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.

 

BUILDING.  Any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry, or public purposes.

 

BUILT‑UPON AREA.  Built‑upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including, but not limited to, buildings, pavement, gravel roads, and certain recreation facilities. (Note: wooden slatted decks and the water area of a swimming pool are considered pervious.)

 

CLUSTER DEVELOPMENT.  The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project.  This term includes non‑residential development as well as single‑family residential subdivisions and multi‑family developments that do not involve the subdivision of land.

 

COMPOSTING FACILITY.  A facility in which only stumps, limbs, leaves, grass, and untreated wood collected from land clearing or landscaping operations is deposited.

 

CRITICAL AREA.  The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed.  The critical area is defined as extending either ½ mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed, whichever comes first; or ½ mile upstream from the intake located directly in the stream or river (run‑of‑the‑river), or the ridge line of the watershed, whichever comes first.

 

CUSTOMARY HOME OCCUPATION.  A home occupation is a profession or occupation commonly carried on a lot which is in principally residential use where the occupation is secondary and clearly incidental to the use of the dwelling for living purposes.

 

DEVELOPMENT.  Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.

 

 

 

 

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DISCHARGING LANDFILL.  A facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.

 

DWELLING UNIT.  An enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.

 

EXISTING DEVELOPMENT.  Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this chapter based on at least one of the following criteria:

 

(a)  Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project;

 

(b)  Having an outstanding valid building permit as authorized by G.S. §§ 153A‑344.1 and 160A‑385.1; or

 

(c)  Having expended substantial resources (time, labor, money) and having an approved site specific or phased development plan as authorized by G.S. §§ 153A‑344.1 and 160A‑385.1.

 

EXISTING LOT (LOT OF RECORD).  A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds prior to the adoption of this chapter, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this chapter.

 

FAMILY.  One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage or adoption, no such family shall contain over five persons, but further provided that domestic servants employed or living on the premises may be housed on the premises without being counted as a family or families.

 

FAMILY SUBDIVISION.  A division of a tract of land:  to convey the resulting parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to any one of the relatives; or to divide land from a common ancestor among tenants in common, all of whom inherited by intestacy or will.

 

HAZARDOUS MATERIALS.  Any substance listed as such in Superfund Amendments and Reauthorization Act of 1986 (SARA), Section 302,  Extremely Hazardous Substances; Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) Hazardous Substances; or, Section 311 of Clean Water Act (CWA) (oil and hazardous substances).

 

INDUSTRIAL DEVELOPMENT.  Any non‑residential development that requires a National Pollutants Discharge Elimination Systems (NPDES) permit for an industrial discharge and/or requires

 

 

 

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the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning, or developing any product or commodity.

 

LANDFILL.  A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. §§ 130A‑290 et seq.  For the purpose of this chapter this term does not include composting facilities.

 

LOT.  A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.  The term LOT includes plot, parcel or tract.

 

MAJOR VARIANCE.  A variance that results in any one or more of the following:

 

(a)  The relaxation, by a factor greater than 10%, of any management requirement under the low density option;

 

(b)  The relaxation, by a factor of greater than 5%, of any management requirement under the low density option; and/or

 

(c)  Any variation in design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system.

 

MINOR VARIANCE.  A variance from the minimum statewide watershed protection rules that results in a relaxation, by a factor of up to 5% of any buffer, density or built-upon area requirement under the high-density option; or that results in a relaxation, by a factor of up to 10%, of any management requirement under the low density option.

 

NONCONFORMING LOT OF RECORD.  A lot described by a plat or a deed that was recorded prior to the effective date of the local watershed protection regulations, or their amendments, that does not meet the minimum lot size or other development requirements of the statewide watershed protection rules.

 

NON‑RESIDENTIAL DEVELOPMENT.  All development other than residential development, agriculture, and silviculture.

 

PLAT.  A map or plan of a parcel of land which is to be, or has been subdivided.

 

PROTECTED AREA.  The area adjoining and upstream of the critical area as delineated on the map entitled “County of Camden North Carolina Watershed Protection Map” in which protection measures are required.

 

RESIDENTIAL DEVELOPMENT.  Buildings for residence such as attached and detached single‑family dwellings, apartment complexes, condominiums, townhouses, cottages, and their associated outbuildings such as garages, storage buildings, gazebos, and customary home occupations.

 

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SHALL.  The act referred to is mandatory and not merely directory.

 

SINGLE-FAMILY RESIDENTIAL.  Any development where no building contains more than one dwelling unit, every dwelling unit is on a separate lot, and where no lot contains more than one dwelling unit.

 

STREET (ROAD).  A street is any permanently dedicated public right‑of‑way which has been accepted for maintenance by the North Carolina Department of Transportation or meets the construction standards of the Department of Transportation.

 

STRUCTURE.  Anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having permanent location on the land.  The term STRUCTURE  includes building.

 

SUBDIVIDER.  Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.

 

SUBDIVISION.  All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all division of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this chapter.

 

(a)  The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this chapter;

 

(b)  The division of land into parcels greater than ten acres where no street right‑of‑way dedication is involved;

 

(c)  The public acquisition by purchase of strips of land for the widening or opening of streets;

 

(d)  The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right‑of‑way dedication is involved and where the resultant lots are equal to or exceed the standards of the this chapter; and

 

(e)  The division of a tract into plots or lots used as a cemetery.

 

TOXIC SUBSTANCE.  Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological

 

 

 

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malfunctions (including malfunctions or suppression in reproduction or growth), or physical deformities in such organisms or their offspring or other adverse health effects.

 

VARIANCE.  A permission to develop or use property granted by the Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this chapter.

 

WATER DEPENDENT STRUCTURE.  Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not water dependent structures.

 

WATERSHED.  The entire land area contributing surface drainage to a specific point (such as the water supply intake).

 

WATERSHED ADMINISTRATOR.  An official or designated person of the county responsible for administration and enforcement of this chapter.

 

WILL. The act referred to is always mandatory and not merely directory.

(Ord. passed 12-20-93; Am. Ord. 2002-08-03, passed 8-5-02)

 

 

 

                                            SUBDIVISION REGULATIONS

 

 

§ 152.15  GENERAL PROVISIONS.

 

(A) No subdivision plat of land within the Public Water Supply Watershed shall be filed or recorded by the Register of Deeds until it has been approved in accordance with the provisions of this chapter.  Likewise, the Clerk of Superior Court shall not order or direct the recording of a plat if the recording of such plat would be in conflict with this chapter.

 

(B)  The approval of a plat does not constitute or effect the acceptance by the county or the public of the dedication of any street or other ground, easement, right‑of‑way, public utility line, or other public facility shown on the plat and shall not be construed to do so.

 

(C)  All subdivisions shall conform with the mapping requirements contained in G.S. § 47‑30.

 

(D) All subdivisions of land within the jurisdiction of Camden County after the effective date of this chapter shall require a plat to be prepared, approved, and recorded pursuant to this chapter.

(Ord. passed 12-20-93)

 

 

 

 

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§ 152.16  SUBDIVISION APPLICATION AND REVIEW PROCEDURES.

 

(A) All proposed subdivisions shall be reviewed prior to recording with the Register of Deeds by submitting a vicinity map to the Watershed Administrator to determine whether or not the property is located within the designated Public Water Supply Watershed.  Subdivisions that are not within the designated watershed area shall not be subject to the provisions of this chapter and may be recorded provided the Watershed Administrator initials the vicinity map.  In addition, subdivisions within a WS‑IV watershed are subject to the provisions of this chapter only when an erosion and sedimentation plan is required under the provisions of state law, or approved local program.  Subdivisions within the designated watershed area shall comply with the provisions of this chapter and all other state and local requirements that may apply.

 

(B)  Subdivision applications can be obtained from, and upon completion filed with, the Watershed Administrator.  The filing shall include a completed application form, two copies of the plat, and supporting documentation deemed necessary by the Watershed Administrator or the Watershed Review Board.

 

(C)  (1)  The Watershed Administrator shall review the completed application and submit recommendations to the Watershed Review Board for further review and final action.  The Watershed Review Board shall either approve, approve conditionally, or disapprove each application by a majority vote of the members present and voting.  First consideration of the application shall be at the next regularly scheduled meeting of the Board after the application is submitted.  The Board shall take final action within 45 days of its first consideration.

 

(2)  The Watershed Administrator or the Board may provide public agencies an opportunity to review and make recommendations.  However, failure of the agencies to submit their comments and recommendations shall not delay the Board's action within the prescribed time limit.  Said public agencies may include, but are not limited to:

 

(a)  The district highway engineer with regard to proposed streets and highways;

 

(b)  The director of the Health Department with regard to proposed private water system or sewer systems normally approved by the Health Department; Division of Water Quality;

 

(c)  The State Division of Water Quality with regard to proposed sewer systems normally approved by the Division, engineered storm water controls, or stormwater management in general; and

 

(d)  Any other agency or official designated by the Watershed Administrator or Watershed Review Board.

 

 

 

 

 

 

 

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(D) If the Watershed Review Board approves the application, such approval shall be indicated on both copies of the plat by the following certificate and signed by the chairman or other authorized member of the Board:

 

Certificate of Approval for Recording:

 

“I certify that the plat shown hereon complies with the Public Water Supply Watershed Protection provisions and is approved by the Watershed Review Board for recording in the Register of Deeds office.

 

 

                                                                                                     

Date                                         Chairman, Watershed Review Board

 

NOTICE: This property is located within a Public Water Supply Watershed ‑ development restrictions may apply.

 

(E)  If the Watershed Review Board disapproves or approves conditionally the application, the reasons for such action shall be stated in writing for the applicant and entered in the minutes.  The subdivider may make changes and submit a revised plan which shall constitute a separate request for the purpose of review.

 

(F)  All subdivision plats shall comply with the requirements for recording of the County Register of Deeds.

 

(G) The subdivider shall provide the Watershed Administrator with evidence the plat has been recorded with the Register of Deeds within five working days of its being recorded.

(Ord. passed 12-20-93; Am. Ord. 2002-08-03, passed 8-5-02)

 

 

§ 152.17  SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS.

 

(A) Standards.  All lots shall provide adequate building space in accordance with the development standards contained in §§ 152.31 through 152.39.  Lots which are smaller than the minimum required for residential lots shall be identified on the plat as, “NOT FOR RESIDENTIAL PURPOSES.”

 

(B)  Total project area.  For the purpose of calculating built‑upon area, total project area shall include total acreage in the tract on which the project is to be developed.

 

(C)  Stormwater drainage facilities.  The application shall be accompanied by a description of the proposed method of providing storm water drainage.  The subdivider shall provide a drainage system that diverts stormwater runoff away from surface waters and incorporates best management practices to minimize water quality impacts.

 

 

 

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                                                    Watershed Protection                                            360A

 

 

(D) Erosion and sedimentation control.  The application shall, where required, be accompanied by a written statement that a Sedimentation and Erosion Control Plan has been submitted to and approved by the State Division of Land Quality.

 

(E)  Road construction.  Roads constructed in critical areas and watershed buffer areas. Where possible, roads should be located outside of critical areas and watershed buffer areas.  Roads constructed within these areas shall be designed and constructed so to minimize their impact on water quality.

(Ord. passed 12-20-93; Am. Ord. 2002-08-03, passed 8-5-02)

 

 

§ 152.18  CONSTRUCTION PROCEDURES.

 

(A) No construction or installation of improvements shall commence in a proposed subdivision until a subdivision plat has been approved by the Watershed Review Board.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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360B                                      Camden County - Land Usage

 

 


                                                    Watershed Protection                                               361

 

 

(B)  No building or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of this chapter until all requirements of this chapter have been met.  The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Watershed Administrator to provide for adequate inspection.

(Ord. passed 12-20-93)

 

 

 

                                          DEVELOPMENT REGULATIONS

 

 

§ 152.30  ESTABLISHMENT OF WATERSHED AREAS.

 

For purposes of this chapter, the county is hereby divided into the following areas, as appropriate:

 

(A) WS‑IV Watershed Area ‑ Critical Area (WS‑IV‑CA); and

 

(B)  WS‑IV Watershed Area ‑ Protected Area (WS‑IV‑PA).

(Ord. passed 12-20-93)

 

 

§ 152.31  WATERSHED AREAS DESCRIBED.

 

(A) WS‑IV Watershed Areas ‑ Critical Area (WS‑IV‑CA).  Only new development activities that require an erosion/sedimentation control plan under state law or approved local program are required to meet the provisions of this chapter when located in the WS‑IV watershed.  In order to address a moderate to high land use intensity pattern, single‑family residential uses are allowed at a maximum of two dwelling units per acre.  All other residential and non‑residential development shall be allowed 24% built‑upon area.  New sludge application sites and landfills are specifically prohibited.

 

(1)  Allowed uses.

 

(a)  Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation, and Trade Act of 1990.  Agricultural activities conducted after January 1, 1993 shall maintain a minimum ten‑foot vegetable buffer, or equivalent control as determined by the Soil and Water Conservation Commission, along all perennial waters indicated on the most recent versions of United States Geological Survey (U.S. G.S.) 1:24,000 (7.5 minute) scale topographic maps or as determined by County studies.  Animal operations greater than 100 animal units shall employ Best Management Practices by July 1, 1994 recommended by the Soil and Water Conservation Commission.

 

(b)  Silviculture.  Silviculture is subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6101‑.0209).


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(c)  Residential.

 

(d)  Non‑residential.  Non‑residential development, excluding the storage of toxic and hazardous materials unless a spill containment plan is implemented, landfills, and sites for land application of sludge/residuals or petroleum contaminated soils.

 

(2)  Density and built‑upon limits.

 

(a)  Single‑family residential development shall not exceed two dwelling units per acre on a project by project basis.  No residential lot shall be less than ½ acre, except within an approved cluster development.

 

(b)  All other residential and non‑residential development shall not exceed 24% built‑upon area on a project by project basis.  For the purpose of calculating the built‑upon area, total project area shall include total acreage in the tract on which the project is to be developed.

 

(B)  WS‑IV Watershed Areas ‑ Protected Area (WS‑IV‑PA).  Only new development activities that require an erosion/sedimentation control plan under state law or approved local government program are required to meet the provisions of this chapter when located in a WS‑IV watershed.  In order to address a moderate to high land use intensity pattern, single‑family residential uses shall develop at a maximum of two dwelling units per acre.  All other residential and non‑residential development shall be allowed at a maximum of 24% built‑upon area.  A maximum of three dwelling units per acre or 36% percent built‑upon area is allowed for projects without a curb and gutter street system.

 

(1)  Uses allowed.

 

(a)  Agriculture.  Subject to provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation, and Trade Act of 1990.

 

(b)  Silviculture.  Subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6101‑.0209).

 

(c)  Residential development.

 

(d)  Non‑residential development.  Excluding the storage of toxic and hazardous materials unless a spill containment plan is implemented.

 

(2)  Density and built‑upon limits.

 

(a)  Single‑family residential development shall not exceed two dwelling units per acre, as defined on a project by project basis.  No residential lot shall be less than one‑half acre, or one‑third acre for projects without a curb and gutter system, except within an approved cluster development.


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(b)  All other residential and non‑residential development shall not exceed 24% built‑upon area on a project by project basis.  For projects without a curb and gutter street system, development shall not exceed 36% built‑upon area on a project by project basis.  For the purpose of calculating built‑upon area, total project area shall include acreage in the tract on which the project is to be developed.

(Ord. passed 12-20-93)

 

 

§ 152.32  BUFFER AREAS REQUIRED.

 

(A) A minimum 30‑foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G S. 1:24,000 (7.5 minute) scale topographic maps or as determined by county studies.  Desirable artificial stream bank or shoreline stabilization is permitted.

 

(B)  No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and green ways where no practical alternative exists.  These activities should minimize built‑upon surface area, direct runoff away from the surface waters, and maximize the utilization of storm water Best Management Practices.

(Ord. passed 12-20-93)

 

 

§ 152.33  RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES.

 

Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed Map, the following rules shall apply:

 

(A) Where area boundaries are indicated as approximately following either street, alley, railroad, or highway lines or centerline thereof, such lines shall be construed to be said boundaries.

 

(B)  Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries.  However, a surveyed plat prepared by a registered land surveyor may be submitted to the county as evidence that one or more properties along these boundaries do not lie within the watershed area.

 

(C)  Where the watershed area boundaries lie at a scaled distance more than 25 feet from any parallel lot line, the location of watershed area boundaries shall be determined by use of the scale appearing on the watershed map.

 

(D) Where the watershed area boundaries lie at a scaled distance of 25 feet or less from any parallel lot line, the location of watershed area boundaries shall be construed to be the lot line.


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(E)  Where other uncertainty exists, the Watershed Administrator shall  interpret the Watershed Map as to location of such boundaries.  This decision may be appealed to the Watershed Review Board.

(Ord. passed 12-20-93)

 

 

§ 152.34  APPLICATION OF REGULATIONS.

 

(A) No building or land shall hereafter be used and no development shall take place except in conformity with the regulations herein specified for the watershed area in which it is located.

 

(B)  No area required for the purpose of complying with the provisions of this chapter shall be included in the area required for another building.

 

(C)  Every residential building hereafter erected, moved, or structurally altered shall be located on a lot which conforms to the regulations herein specified, except as permitted in § 152.37.

 

(D) If a use or class of use is not specifically indicated as being allowed in a watershed area, such use or class of use is prohibited.

(Ord. passed 12-20-93)

 

 

§ 152.35  EXISTING DEVELOPMENT.

 

(A) Continuance.  Any existing development as defined in this chapter, may be continued and maintained subject to the provisions provided herein.  Expansions to structures classified as existing development must meet the requirements of this chapter.  However, the built‑upon area of the existing development is not required to be included in the density calculations.

 

(B)  Vacant lots.  This category consists of vacant lots for which plats or deeds have been recorded in the office of the Register of Deeds of Camden County.  Lots may be used for any of the uses allowed in the watershed area in which it is located, provided the following:

 

(1)  Where the lot area is below the minimum specified in this chapter, the Watershed Administrator is authorized to issue a watershed protection permit.

 

(2)  Notwithstanding the foregoing, whenever two or more contiguous residential vacant lots of record are in single ownership at any time after the adoption of this chapter and such lots individually have less area than the minimum requirements for residential purposes for the watershed area in which such lots are located, such lots shall be combined to create one or more lots that meet the standards of this chapter, or if this is impossible, reduced to the extent possible the nonconformity of the lots.

 

(C)  Occupied lots.  This category consists of lots, occupied for residential purposes at the time of the adoption of this chapter. These lots may continue to be used provided that whenever two or more


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adjoining lots of record, one of which is occupied, are in single ownership at any time after the adoption of this chapter, and such lots individually or together have less area than the minimum requirements for residential purposes for the watershed area in which they are located, such lots shall be combined to create lots which meet the minimum size requirements or which minimize the degree of nonconformity.

 

(D) Uses of land.  This category consists of uses existing at the time of adoption of this chapter where such use of the land is not permitted to be established hereafter in the watershed area in which it is located.  Such uses may be continued except:

 

(1)  When such use of land has been changed to any allowed use, it shall not thereafter revert to any prohibited use;

 

(2)  Such use of land shall be changed only to an allowed use; and

 

(3)  When such use ceases for a period of at least one year, it shall not be reestablished.

 

(E)  Reconstruction of buildings or built‑upon areas.  Any existing building or built‑upon area not in conformance with the restrictions of this chapter that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single-family residential development, provided:

 

(1)  Repair or reconstruction is initiated within 12 months and completed within two years of such damage; and

 

(2)  The total amount of space devoted to built‑upon area may not be increased unless storm water control that equals or exceeds the previous development is provided.

(Ord. passed 12-20-93)

 

 

§ 152.36  WATERSHED PROTECTION PERMIT.

 

(A) Except where a single‑family residence is constructed on a lot deeded prior to the effective date of this chapter, no building or built‑upon area shall be erected, moved, enlarged, or structurally altered, nor shall any building permit be issued nor shall any change in the use of any building or land be made until a watershed protection permit has been issued by the Watershed Administrator.  No watershed protection permit shall be issued except in conformity with the provisions of this chapter.

 

(B)  Watershed protection permit applications shall be obtained, completed, and filed with the Watershed Administrator.  The filing shall include a completed application form and supporting documentation deemed necessary by the Watershed Administrator.

 

(C)  Prior to issuance of a watershed protection permit, the Watershed Administrator may consult with qualified personnel for assistance to determine if the application meets the requirements of this chapter.


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(D) A watershed protection permit shall expire if a building permit or watershed occupancy permit for such use is not obtained by the applicant within 12 months from the date of issuance.

(Ord. passed 12-20-93)

 

 

§ 152.37  BUILDING PERMIT REQUIRED.

 

No permit required under the State Building Code shall be issued for any activity for which a watershed protection permit is required until that permit has been issued.

(Ord. passed 12-20-93; Am. Ord. 2002-08-03, passed 8-5-02)

 

 

§ 152.38  WATERSHED PROTECTION OCCUPANCY PERMIT.

 

(A) The Watershed Administrator shall issue a watershed protection occupancy permit certifying that all requirements of this chapter  have been met prior to the occupancy or use of a building hereafter erected, altered, or moved and/or prior to the change of use of any building or land.

 

(B)  A watershed protection occupancy permit, either for the whole or part of a building, shall be applied for coincident with the application for a watershed protection permit and shall be issued or denied within ten days after the erection or structural alterations of the building.

 

(C)  When only a change in use of land and existing building occurs, the Watershed Administrator shall issue a watershed protection occupancy permit certifying that all requirements of this chapter have been met coincident with the watershed protection permit.

 

(D) If the watershed protection occupancy permit is denied, the Watershed Administrator shall notify the applicant in writing stating the reasons for denial.

 

(E)  No building or structure which has been erected, moved, or structurally altered may be occupied until the watershed protection occupancy permit.

(Ord. passed 12-20-93)

 

 

 

                                                                 

 

 

 

 

 

 

 

 

 

 

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                                         PUBLIC HEALTH REGULATIONS

 

 

§ 152.50  PUBLIC HEALTH, IN GENERAL.

 

No activity, situation, structure, or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety, and welfare.  Such conditions may arise from inadequate on‑site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash, or other refuse within a buffer area; the absence or improper implementation of a spill containment plan for toxic and hazardous materials; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality.

(Ord. passed 12-20-93)

 

 

§ 152.51  ABATEMENT.

 

(A) The Watershed Administrator shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality.

 

(B)  The Watershed Administrator shall report all findings to the Watershed Review Board.  The Watershed Administrator may consult with any public agency or official and request recommendations.

 

(C)  Where the Watershed Review Board finds a threat to water quality and the public health, safety, and welfare, the Board shall institute any appropriate action or proceeding to restrain, correct, or abate the condition and/or violation.

(Ord. passed 12-20-93)

 

 

 

                           ADMINISTRATION, ENFORCEMENT, AND APPEALS

 

 

§ 152.60  WATERSHED ADMINISTRATOR AND DUTIES.

 

The county shall appoint a Watershed Administrator, who shall be duly sworn in.  It shall be the duty of the Watershed Administrator to administer and enforce the provisions of this chapter as follows:

 

(A) The Watershed Administrator shall issue watershed protection permits and watershed protection occupancy permits as prescribed herein.  A record of all permits shall be kept on file and shall be available for public inspection during regular office hours of the Administrator.

 

(B)  The Watershed Administrator shall serve as clerk to the Watershed Review Board.


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(C)  The Watershed Administrator shall keep records of all amendments to this chapter and shall provide copies of all amendments upon adoption to the Supervisor of the Local Government Assistance Unit, Water Quality Section, Division of Water Quality.

 

(D) The Watershed Administrator is granted the authority to administer and enforce the provisions of this chapter, exercising in the fulfillment of his or her responsibility the full police power of the county.  The Watershed Administrator, or his duly authorized representative, may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon him or her by this chapter.

 

(E)  The Watershed Administrator shall keep a record of variances to this chapter. This record shall be submitted to the Supervisor of the Local Government Assistance Unit, Water Quality Section, Division of Water Quality, on an annual basis and shall provide a description of each project receiving a variance and the reasons for granting the variance.

(Ord. passed 12-20-93; Am. Ord. 2002-08-03, passed 8-5-02)

 

 

§ 152.61  APPEAL FROM THE WATERSHED ADMINISTRATOR.

 

(A) Any order, requirement, decision, or determination made by the Watershed Administrator may be appealed to and decided by the Watershed Review Board.

 

(B)  An appeal from a decision of the Watershed Administrator must be submitted to the Watershed Review Board within 30 days from the date the order, interpretation, decision, or determination is made.  All appeals must be made in writing stating the reasons for appeal.  Following submission of an appeal, the Watershed Administrator shall transmit to the Board all papers constituting the record upon which the action appealed from was taken.

 

(C)  An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him or her,  that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property.  In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application of notice of the officer from whom the appeal is taken and upon due cause shown.

 

(D) The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within a reasonable time.  At the hearing, any party may appear in person, by agent, or by attorney.

(Ord. passed 12-20-93)

 

 

 

 

 

 

 

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§ 152.62  CHANGES AND AMENDMENTS TO THE WATERSHED PROTECTION CHAPTER.

 

(A) The Camden County Board of Commissioners may, on its own motion or on petition, after public notice and hearing, amend, supplement, change, or modify the watershed regulations and restrictions as described herein.

 

(B)  No action shall be taken until the proposal has been submitted to the Watershed Review Board for review and recommendations.  If no recommendation has been received from the Watershed Review Board within 45 days after submission of the proposal to the Chairman of the Watershed Review Board, the Board of Commissioners may proceed as though a favorable report had been received.

 

(C)  Under no circumstances shall the Board of Commissioners adopt such amendments, supplements, or changes that would cause this chapter to violate the watershed protection rules as adopted by the North Carolina Environmental Management Commission.  All amendments must be filed with the North Carolina Division of Water Quality, North Carolina Division of Environmental Health, and the North Carolina Division of Community Assistance.

(Ord. passed 12-20-93; Am. Ord. 2002-08-03, passed 8-5-02)

 

 

§ 152.63  PUBLIC NOTICE AND HEARING REQUIRED.

 

Before adopting or amending this chapter, the Board of Commissioners shall hold a public hearing on the proposed changes.  A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area.  The notice shall be published for the first time not less than ten nor more than 25 days before the date fixed for the hearing.

(Ord. passed 12-20-93)

 

 

§ 152.64  ESTABLISHMENT OF WATERSHED REVIEW BOARD.

 

(A) (1)  There shall be and hereby is created the Watershed Review Board Consisting of five regular members and two alternate members, appointed by the Board of Commissioners. 

 

(2)  Three  residents of Camden County shall be appointed as regular members for three‑year terms.  Two residents of the county shall be appointed as regular members for two‑year terms.  Thereafter, all new terms shall be for three years, and members may be reappointed.

 

(B)  Two alternate members shall be appointed to serve on the Watershed Review Board in the absence of any regular member and shall be appointed for three‑year terms.  Alternate members may be reappointed.  While attending in the capacity of a regular member, the alternate shall have and exercise all the powers and duties of the absent regular member.

(Ord. passed 12-20-93)

 

 

 

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§ 152.65  RULES OF CONDUCT FOR MEMBERS.

 

Members of the Watershed Review Board may be removed by the County Board of Commissioners for cause, including violation of the rules stated below.

 

(A) Faithful attendance at meetings of the Board and conscientious performance of the duties required of members of the Board shall be considered a prerequisite to continuing membership on the Board.

 

(B)  No Board member shall take part in the hearing, consideration, or determination of any case in which he or she is personally or financially interested.

 

(1)  A Board member shall have a financial interest in a case when a decision in the case will:

 

(a)  Cause him or her or his or her spouse to experience a direct financial benefit or loss;

 

(b)  Cause a business in which he or she or his or her spouse owns a 10% or greater interest to experience a direct financial benefit or loss; or

 

(c)  Cause a business in which he or she or his or her spouse is involved in a decision‑making role, to experience a direct financial benefit or loss.

 

(2)  A Board member shall have a personal interest in a case when it involves a member of his or her immediate family, such as a parent, spouse, or child.

 

(C)  No Board member shall discuss any case with any parties thereto prior to the public hearing on that case; provided, however, that members may receive and/or seek information pertaining to the case from the State Division of Land Quality or any other member of the Board, its secretary, or clerk, prior to the hearing.

 

(D) Members of the Board shall not express individual opinions on the proper judgement of any case prior to its determination on that case.

 

(E)  Members of the Board shall give notice to the chairman at least 48 hours prior to the hearing of any potential conflict of interest which he or she has in a particular case before the Board.

 

(F)  No Board member shall vote on any matter that decides an application or appeal unless he or she had attended the public hearing on that application or appeal.

(Ord. passed 12-20-93)

 

 


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§ 152.66  POWERS AND DUTIES OF THE WATERSHED REVIEW BOARD.

 

(A) Administrative review.  The Watershed Review Board shall hear and decide appeals from any decision or determination made by the Watershed Administrator in the enforcement of this chapter.

 

(B)  Variances.  The Watershed Review Board shall have the power to authorize, in specific cases, minor variances from the terms of this chapter as will not be contrary to the public interests where, owing to special conditions, a literal enforcement of this chapter will result in practical difficulties or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.  In addition, the county shall notify and allow a reasonable comment period for all other local governments having jurisdiction within the designated watershed where the variance is being considered, including the entity using the water supply for consumption.

 

(1)  Applications for a variance shall be made on the proper form obtainable from the Watershed Administrator and shall include the following information.

 

(a)  A site plan, drawn to a scale or at least 1 inch to 40 feet, indicating the property lines of the parcel upon which the use is proposed; any existing or proposed structures; parking areas and other built‑upon areas; and, surface water drainage.  The site plan shall be neatly drawn and indicate north point, name and address of person who prepared the plan, date or the original drawing, and an accurate record of any later revisions.

 

(b)  A complete and detailed description of the proposed variance, together with any other pertinent information which the applicant feels would be helpful to the Watershed Review Board in considering the application.

 

(c)  The Watershed Administrator shall notify in writing each local government having jurisdiction within the watershed and the entity using the water supply for consumption. Such notice shall include a description of the variance being requested.  Local governments receiving notice of the variance request may submit comments to the Watershed Administrator prior to a decision by the Watershed Review Board.  Such comments shall become a part of the record of proceedings of the Watershed Review Board.

 

(2)  Before the Watershed Review Board may grant a variance, it shall make the following three findings, which shall be recorded in the permanent record of the case, and shall include the factual reasons on which they are based.

 

(a)  There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the chapter.  In order to determine that there are practical difficulties or unnecessary hardships, the Board must find that the five following conditions exist.

 

1.   If he or she complies with the provisions of the chapter, the applicant can secure no reasonable return from, nor make reasonable use of, his property.  Merely proving that the variance


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would permit to be made from the property will not be considered adequate to justify the Board in granting a variance.  Moreover, the Board shall consider whether the variance is the minimum possible deviation from the terms of the chapter that will make possible the reasonable use of his or her property.

 

2.   The hardship results from the application of the chapter to the property rather than from other factors such as deed restrictions or other hardship.

 

3.   The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, which is different from that of neighboring property.

 

4.   The hardship is not the result of the actions of an applicant who knowingly or unknowingly violates the chapter, or who purchases the property after the effective date of the chapter, and then comes to the Board for relief.

 

5.   The hardship is peculiar to the applicant's property, rather than the result of conditions that are widespread.  If other properties are equally subject to the hardship created in the restriction, then granting a variance would be a special privilege denied to others, and would not promote equal justice.

 

(b)  The variance is in harmony with the general purpose and intent of the chapter and preserves its spirit.

 

(c)  In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done.  The Board shall not grant a variance if it finds that doing so would in any respect impair the public health, safety, or general welfare.

 

(3)  In granting the variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposes building, structure, or use as it may deem advisable in furtherance of the purpose of this chapter.  If a variance for the construction, alteration, or use of property is granted, such construction, alteration, or use shall be in accordance with the approved site plan.

 

(4)  The Watershed Review Board shall refuse to hear an appeal or an application for a variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application.

 

(5)  A variance issued in accordance with this section shall be considered a Watershed Protections Permit and shall expire if a Building Permit or Watershed Occupancy Permit for such use is not obtained by the applicant within six months from the date of the decision.

 

(6)  (a)  If the application calls for the granting of a major variance, and if the Watershed Review Board decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed.  The preliminary record of the hearing shall include:


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1.   The variance application;

 

2.   The hearing notices;

 

3.   The evidence presented;

 

4.   Motions, offers of proof, objections to evidence, and rulings on them;

 

5.   Proposed findings and exceptions; and, the proposed decision, including all conditions proposed to be added to the permit.

 

(b)  The preliminary record shall be sent to the Environmental Management Commission for its review as follows.

 

1.   If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that the property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted, and the variance, if granted, will not result in a serious threat to the water supply, then the Commission shall approve the variance as proposed or approve the proposed variance with conditions and stipulations.

 

2.   The Commission shall prepare a Commission decision and send it to the Watershed Review Board.  If the Commission approves the variance as proposed, the Board shall prepare a final decision granting the proposed variance.  If the Commission approves the variance with conditions and stipulations, the Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.

 

3.   If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that the property owner can secure a reasonable return from or make a practical use of the property without the variance or the variance, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed.

 

4.   The Commission shall prepare a Commission decision and send it to the Watershed Review Board.

 

5.   The Board shall prepare a final decision denying the variance as proposed.

 

(7)  A record of all variances approved by the Watershed Review Board during a calendar year must be submitted to the Environmental Management Commission by January 1 of the next calendar year.

 

(C)  Subdivision approval.  See §§ 152.15 through 152.18.

 

(D) Public health.  See §§ 152.51 and 152.52.

(Ord. passed 12-20-93)

 


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§ 152.67  APPEALS FROM THE WATERSHED REVIEW BOARD.

 

Appeals from the Watershed Review Board must be filed with the Superior Court within 30 days from the date of the decision.  Decisions by the Superior Court will be in the manner of certiorari.

(Ord. passed 12-20-93)

 

 

 

§ 152.99  PENALTY.

 

(A) Any person violating any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with G.S. § 14‑4.  The maximum fine for each offense shall not exceed $500.  Each day that the violation continues shall constitute a separate offense.

 

(B)  If any subdivision, development and/or land use is found to be in violation of this chapter, the Camden County Board of Commissioners may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the amount of $500, action, or proceedings to: restrain, correct, or abate the violation; prevent occupancy of the building, structure, or land; or prevent any illegal act, conduct, business, or use in or about the premises. In addition, the North Carolina Environmental Management Commission (EMC) may assess civil penalties in accordance with G.S. § 143‑215.6(a). Each day that the violation continues shall constitute a separate offense.

 

(C)  If the Watershed Administrator finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it.  He or she shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or, shall take any action authorized by this chapter to ensure compliance with or to prevent violation or its provisions.  If a ruling of the Watershed Administrator is questioned, the aggrieved party or parties may appeal such ruling to the Watershed Review Board.

 

(D) Any person who, being the owner or agent of the owner of any land located within the jurisdiction of Camden County, thereafter subdivides his land in violation of this chapter or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this chapter and recorded in the Office of the Register of Deeds, shall be guilty of a misdemeanor.  The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty.  The county may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this chapter.

(Ord. passed 12-20-93)